Court No. - 71
Case :- APPLICATION U/S 482 No. - 1987 of 2019 Applicant :- Kamlesh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants has prayed that this application may be dismissed on behalf of the applicant nos.1 and 2.
Learned counsel for the applicants is permitted to delete their names from the application. This application only is entertained on behalf of the applicant no.3.
The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet and cognizance order dated 10.9.2018 in Special Trial No. 345 of 2018, arising out of Case Crime No. 345 of 2018, under Sections- 323, 366, 504 IPC and 3(1((S) SC/ST Act, Police Station- Nichlaul, District- Maharajganj, pending in the court of Additional Session Judge, (Fast Track Court No.1), Maharajganj.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections. It has been submitted that the offence alleged against the applicant under Section 323, 336, 504 IPC and Section 3(1)(S) SC/ST Act is not made out. It has been submitted that the doctor has found all the injuries to be simple in nature.
In that view of the matter, he is permitted to move discharge application through counsel before the trial Court within one month from today and the trial court shall decide the same within a period of two months 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 applicant no.3.
With the aforesaid observations, this application is disposed of.
Order Date :- 21.1.2019 Vivek Kr.