Court No. - 45
Case :- APPLICATION U/S 482 No. - 39129 of 2018 Applicant :- Smt. Kaushalya Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.12.2017 in case crime no. 1090 of 2017 under sections 419, 420, 467, 468, 471, 504, 506 I.P.C. P.S. Cantt.
District Gorakhpur pending in the court of Chief Judicial Magistate, Gorakhpur and also quash the non-bailable warrant dated 10.7.2018.
Learned counsel for the applicant submits that she been falsely implicated by the police under the alleged sections.
In that view of the matter, she 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 measures shall be taken against the applicant.
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. Her 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 direction,the application is disposed of.
Order Date :- 31.10.2018 Atul kr. sri.