Court No. - 45
Case :- APPLICATION U/S 482 No. - 38341 of 2018
Applicant :- Laxmi Devi And 2 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Onkar Nath,Raj 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.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.6.2018 as well as the entire proceedings of Criminal Case No. 937 of 2018, (State Vs. Laxmi Devi And others), arising out of Case Crime No. 0292 of 2017, under Sections- 452, 323, 504, 506, 354-D I.P.C., Police Station- Bhelupur, District- Varanasi, pending in the court of A.C.J.M.-III, Varanasi.
Learned counsel for the applicants submits that he has 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 measures 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 applications 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 :- 30.10.2018 Ruchi Agrahari