Court No. - 72
Case :- APPLICATION U/S 482 No. - 6787 of 2019 Applicant :- Dushyant Kumar And 4 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Rajesh Kumar Sachan,Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and Sri R.B.Gaur, learned counsel for the opposite party no. 2.
By means of present application, the applicant has prayed for quashing of the criminal case no. 403 of 2018, arising out of case crime no. 0357 of 2017, under Section 420,467,468,471 IPC, P.S. Hasayan, District Hathras, pending in the court of ACJM, Hathras.
Contention advanced on behalf of the applicant is that arising out of same controversy one coaccused Jagdeesh has already approached this Court vide application under Section 482 No. 45400 of 2018 which has been disposed of with directions for the applicant therein to apply for discharge. The order passed in the said application under Section 482 No. 45400 of 2018 is quoted hereunder:
"Shri R.B. Gaur, Advocate has put in appearance on behalf of O.P. No.2, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri R.B. Gaur, learned counsel for O.P. No.2.
The present 482, Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.403 of 2018 arising out of Case Crime No.357 of 2017, under Sections 420, 467, 468, 471, IPC, P.S. Hasayan, District Hathras, pending before the Additional Chief Judicial Magistrate, Hathras.
There is dispute regarding the membership and meeting of the registered Society.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the police under the alleged sections.
In that view of the matter, he is 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 applicant.
However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. His 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."
This application is accordingly disposed of on same terms and condition as contained in the order dated 14.12.2018.
Order Date :- 22.2.2019 Sanjeev