Court No. - 45
Case :- APPLICATION U/S 482 No. - 43286 of 2018
Applicant :- Bhagwan Singh And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Case No. 3327 of 2018, arising out of Case Crime No. 337 of 2018, under Sections- 452, 323, 504, 506 IPC, Police Station- Ramgarh, District- Firozabad, pending in the court of Judicial Magistrate, Firozabad.
Learned counsel for the applicants submits that applicant No. 1 is fair price shop dealer at present. Earlier, opposite party No.2 was the ration dealer. The other applicants are family members of the applicant No.1 and they have been implicated on account of recovery of allotment of shop. It has been submitted that police has not able to collect any credible evidence.
In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month from the date of filing of application alongwith certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. Their bail applications shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid observations, this application is disposed of.
Order Date :- 30.11.2018 Ruchi Agrahari