Court No. - 45
Case :- APPLICATION U/S 482 No. - 46512 of 2018 Applicant :- Ishtiyak Ali Siddiqui Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed by the applicant praying to set aside the order dated 20.10.2018 passed by the A.C.J.M., Kasya, Kushinagar, whereby the court below has rejected the discharge application of the applicant under Section 239, Cr.P.C. for the offence punishable under Sections 406, 419, 420, IPC in Criminal Case No.479 of 2016, arising out of Case Crime No.1192 of 2015 P.S. Kasya, District Kushinagar.
Submission is that without considering the grounds raised in the discharge application court below has rejected the discharge application of the applicant vide order dated 20.10.2018 only considering the legal provisions regarding discharge. No factual consideration of the application of the applicant for discharge has been made.
In view of above, order dated 20.10.2018 passed by the A.C.J.M., Kasya, Kushinagar in Criminal Case No.479 of 2016, arising out of Case Crime No.1192 of 2015, P.S. Kasya, District Kushinagar is, hereby, quashed.
Court below is directed to consider the discharge application of the applicant afresh and pass reasoned order in accordance with law within a period of one month from the date of production of a certified copy of this order before it.
The application stands allowed. Order Date :- 20.12.2018 T. Sinha