Court No. - 64
Case :- APPLICATION U/S 482 No. - 32287 of 2019 Applicant :- Dinesh Kumar And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of entire criminal proceedings of Case No. 225 of 2017 arising out of Case Crime No. 339 of 2016, under Sections 452, 323, 325 I.P.C., Police Station Dibai, District Bulandshahar, pending in the court of Additional Chief Judicial Magistrate, Anupshahar District Bulandshahar.
Heard learned counsel for applicants and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the entire proceeding. The only submission of counsel is that at appropriate stage of framing of charge the applicants want to make submissions on the point of seeking discharge and a direction in that regard may be made by this Court.
In view of the submissions made by the applicants' counsel, this application for quashing the entire proceedings, stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it may be observed that under the statutory scheme of law there is a stage where the Court decides upon the appropriateness of framing the charge against the accused after hearing him or pass order of discharge. If under appropriate section at appropriate stage the applicant moves before the court below seeking his discharge it is expected that the court shall adjudicate upon the same in accordance with law.
With the aforesaid observations this application is finally disposed off.
Order Date :- 22.8.2019 P.S.Parihar