Court No. - 83
Case :- APPLICATION U/S 482 No. - 6334 of 2021 Applicant :- Deepak Agrawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sushil Kumar Shukla, learned counsel for applicants and learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging charge-sheet No.01 of 2020 dated 03.11.2020 submitted in Case Crime No.594 of 2019, under Sections- 420, 467, 468, 471, 323, 504, 506 I.P.C., Police Station- Khoda, District- Ghaziabad, Cognizance Taking Order/Summoning Order dated 27.01.2021 passed by Additional Chief Judicial Magistrate, Court No.8, Ghaziabad upon aforesaid charge-sheet in consequential Criminal Case No.582 of 2021 (State Vs. Deepak Agrawal and Another), under Section 406 I.P.C., Police Station- Kheda, District- Ghaziabad arising out of above- mentioned case crime number, as well as entire proceedings of aforesaid criminal case, now pending in the court of Additional Chief Judicial Magistrate, Court No.8, Ghaziabad.
After some arguments, learned counsel for applicants gave up the challenge to the charge-sheet, Cognizance Taking Order/Summoning Order as well as the entire proceedings of above-mentioned criminal case. Learned counsel for applicants then submits that interest of justice shall better be served in case applicants are permitted to seek discharge application in concerned case crime number.
In view of above, present application is disposed of with a direction that applicants shall move a discharge application along with a certified copy/computer generated copy of this order before court below within a period of ten days from today.
In case discharge application is filed by applicants as directed above, court below shall decide the discharge application by a reason and speaking order within a further period of two months.
Order Date :- 30.9.2021/Saif