Court No. - 72
Case :- APPLICATION U/S 482 No. - 7594 of 2019 Applicant :- Balkar Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Prakash Pandey,Ashok Kumar Mishra Counsel for Opposite Party :- G.A.,Arvind Kumar Srivastava Hon'ble Ajit Kumar,J.
Shri Arvind Kumar Srivastava, Advocate, has put in appearance on behalf of opposite party no.2 by filing his Vakalatnama which is taken on record.
Heard learned counsels for the parties.
By means of this application u/s 482 Cr.P.C., the applicants prays for quashing of the charge sheet dated 31.07.2018, cognizance order dated 01.12.2018 as well as entire proceedings of Case No.2181 of 2018 (State Vs. Balkar Singh & another) arising out of Case Crime No.120 of 2018, under Sections 420, 218, 467, 468, 471 I.P.C., Police Station Puwayan, District Shahjahanpur, pending in the Court of learned Judicial Magistrate, Puwanyan, Shahjahanpur.
At the very outset, learned counsel for the applicants submits that he wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure, 1973 through counsel.
Learned Additional Government Advocate has no objection if any order is passed for consideration of discharge application.
It is, therefore, hereby provided that applicants shall move an appropriate application for discharge through counsel within a period of three weeks from today and in the event such application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of four weeks without granting any adjournment in the matter.
Until the disposal of application for discharge if moved by the applicants, no coercive measure shall be taken against the applicants pursuant to the aforesaid criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicants so far interim protection is concerned as they have come with a bona fide prayer for discharge and if they fail to move an appropriate application, as directed hereinabove, the interim protection shall stand discharged and court below shall proceed with the matter in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 26.2.2019
Anand Sri./-