Court No. - 64
Case :- APPLICATION U/S 482 No. - 32021 of 2019 Applicant :- Mahendra Singh Parihar Opposite Party :- State Of Up And Another Counsel for Applicant :- Devesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking direction to decide the discharge application dated 7.1.2019 moved in Case No. 1211 of 2018, State versus Neelam Singh, under Sections 419, 420, 506 and 406 IPC, P.S. Kotwali, District Fatehpur pending in the court of Chief Judicial Magistrate, Fatehpur.
Heard learned counsel for the applicant, learned AGA and perused the record.
Submission of learned counsel for the applicant is that by order dated 18.12.2018 the High Court had permitted the accused to move discharge application through counsel and the trial court was directed to decide the same within a period of one month from the date of filing but the application is still pending and several months have passed and the accused are ill-using the liberty granted to them.
In the circumstances of the case, it is directed that if there is any such application seeking discharge moved by the accused pending in the court below and no orders have been passed upon the same so far, the court below will look into the same and will proceed to pass appropriate orders as early as possible, in accordance with law. If non-appearance of the accused or his counsel is causing any hindrance in the disposal of the application the court below shall be at liberty to issue coercive measures against the accused. There does not appear to be any ambiguity in the order passed by the High Court dated 18.12.2018 according to which the coercive measures were stayed only till the discharge application was decided which was required to be decided within a period of one month from the date of filing.
The application stands disposed off with the aforesaid observations.
Order Date :- 22.8.2019 CPP/-