Court No. - 45
Case :- APPLICATION U/S 482 No. - 43217 of 2018 Applicant :- Mohd. Shah Alam And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikrant Gupta,Rajesh Kumar Gupta 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 31.12.2017 (arising out of case crime no. 0277 of 2017) under sections 504, 506, 406, 420 I.P.C. P.s. Soraon District Allahabad pending before the Additional Chief Judicial Magistrate, court no.4 Allahabad.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application within three weeks from today through counsel before the trial Court and the trial court shall decide the same within a period of three months from the date of filing of application along with 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 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 :- 30.11.2018 Atul kr. sri.