Court No. - 45
Case :- APPLICATION U/S 482 No. - 43270 of 2018
Applicant :- Kalu Ram
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri J.B. Singh, Advocate has put in appearance on behalf of the opposite party No.2.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri J.B. Singh, learned counsel for the opposite party No.2.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Criminal Case No. 5537 of 2018, arising out Case Crime No.68 of 2018, under Sections- 420, 406 and 506 IPC, Police Station- Phase-II Noida, District- Gautam Budh Nagar pending in the court of A.C.J.M-III, Gautam Budh Nagar.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections.
In that view of the matter, he is permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month 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 applicants.
However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. His 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 judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid observations, this application is disposed of.
Order Date :- 30.11.2018 Ruchi Agrahari