Court No. - 42
Case :- APPLICATION U/S 482 No. - 23198 of 2019 Applicant :- Hariraj And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Complaint No.10 of 2015 (Sanjeev Vs. Hariraj and others), under Sections 354, 452, 323, 504, 506, 427 I.P.C and Section 7/8 POCSO Act and Sections 452, 323, 504, 506, 427 I.P.C., Police Station Dhampur, District Bijnor pending in the Court of Additional District Judge, VII, Bijnor.
Learned counsel for the applicants submits that they have been falsely implicated under the alleged sections.
This Court cannot go into the merits of allegations at this stage.
It is open for the applicants to move discharge application through counsel before the Court below within a period of one month from today. If such an application is filed the same shall be decided by the Court below within a period of two months thereafter. Applicants shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring their presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against them.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
With the aforesaid directions, application stands disposed of.
Order Date :- 25.6.2019 SS