Court No. - 12
Case :- APPLICATION U/S 482 No. - 42152 of 2018 Applicant :- Jai Gopal And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.06.2018 and cognizance order dated 21.08.2018 as well as the entire proceedings of Case No. 1898 of 2014, arising out of Case Crime No. 70 of 2018, under Sections- 2/3 Prevention of Damages to Public Property Act, Police Station-Talgram, District- Kannauj, pending in the court of C.J.M., Kannauj.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicants has prayed that a liberty may be given to the applicants to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicants to appear before the court below through counsel to move discharge application within four weeks from today.
This application is disposed of with a direction to the court below that in case the applicants appear before the court below through counsel within four weeks from today and move a discharge application, the same shall be considered and decided in accordance with law. Till the disposal of discharge application, no coercive action shall be taken against the applicants.
It is made clear that in case the applicants do not appear before the court below within the aforesaid period, no further time shall be given to them.
Order Date :- 30.11.2018 Sartaj