Court No. - 45
Case :- APPLICATION U/S 482 No. - 38402 of 2018 Applicant :- Chhotey Lal And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Tripathi 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 charge sheet dated 18.8.2017 in Criminal Case No.116 of 2007 (Special Case No.84 of 2007) under Sections 147, 452, 323, 504, 506, IPC and 3(1)(X) of SC/ST Act, P.S. Khanna/ Maudaha, District Hamirpur, pending in the court of Special Judge (SC/ST Act), Hamirpur.
Learned counsel for the applicants submits that the applicants have been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application through counsel before the trial court and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order.
Till the discharge application is decided, no coercive measure 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 application 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 judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
The application stands disposed of.
Order Date :- 30.10.2018 T. Sinha