Court No. - 72
Case :- APPLICATION U/S 482 No. - 2282 of 2019 Applicant :- Brijanath Singh And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brajesh Kumar Singh,Rohit Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of this 482 Cr.P.C. application, applicants pray for quashing of the charge sheet dated 15.04.2018 in Case Crime No. 129 of 2017 under Sections 323, 504, 506, & 406 I.P.C. in Case Crime No. 124 of 2018, Police Station- Mahila Thana, District- Varanasi, pending in the Court of Additional Chief Judicial Magistrate, Court No. 3,Varanasi.
At the very outset, learned counsel for the applicants submits that they want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure through counsel.
It is therefore, hereby provided that the applicants shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three 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 pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicants so far the 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 herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 21.1.2019 P Kesari