Court No. - 45
Case :- APPLICATION U/S 482 No. - 41948 of 2018 Applicant :- Jamal Beg @ Jimmi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shubhranshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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 entire proceedings of Case No.2199 of 2018 as well as charge sheet dated 29.8.2018 arising out of Case Crime No.2192 of 2017, under Section 406, IPC, P.S. Tilhar, District Shahjahanpur, pending before the Civil Judge (J.D.)/Judicial Magistrate, Tilhar, Shahjahanpur.
Learned counsel for the applicants submits that the applicants have been falsely implicated by the police under the alleged sections.
In that view of the matter, they are 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 applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. Their 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.
Order Date :- 27.11.2018 T. Sinha