Court No. - 72
Case :- APPLICATION U/S 482 No. - 7254 of 2019 Applicant :- Mahtab Husain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this 482 Cr.P.C. application, applicant prays for quashing of the chargsheet dated 31.01.2018 and cognizance order dated 16.10.2018 in criminal case no. 2560 of 2018 pending in the court of ACJM, Room 7, Allahabad arising out of case crime no. 541 of 2016, under Section 147,146,379,504,506,323 IPC, P.S. George Town, District Allahabad.
At the very outset, learned counsel for the applicant submits that he wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure through counsel.
It is therefore, hereby provided that the applicant shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicant, no coercive measure shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicant so far the interim protection is concerned as he has come with a bonafide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 25.2.2019 Sanjeev