Court No. - 71
Case :- APPLICATION U/S 482 No. - 2055 of 2019 Applicant :- Faizan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 31.8.2012 in Criminal Case No. 757 of 2012, arising out of Case Crime No. 25 of 2012, under Sections- 363, 366, 376 IPC and 3/4 D.P. Act, Police Station- Nawabganj, District- Bareilly, pending in the court of Judicial Magistrate, Bareilly.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections. It has been submitted that in the statement of the victim under Section 161 Cr.P.C. and 164 Cr.P.C., she has admitted affair with the applicant.
In that view of the matter, he is permitted to move discharge application through counsel before the trial Court within one month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of.
Order Date :- 21.1.2019 Vivek Kr.