Court No. - 49
Case :- APPLICATION U/S 482 No. - 3908 of 2018 Applicant :- Mubassir Ali Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. has been filed with a prayer to quash the order dated 20.11.2017 passed in Criminal Case No. 1005 of 2016 (State Vs. Mubassir Ali), arising out of Case Crime No. 406 of 2010, under Section 3(2) Prevention of Damage to Public Property Act, 1984 and Section 427 IPC, Police Station Chandi Nagar, District Baghpat.
Learned counsel for the applicant submits that the present application has been filed against the rejection of the discharge application. Only reason on which the discharge application has been rejected as disclosed in the order is that the applicant has not supported the discharge application with any ground or evidence.
Learned counsel for the applicant fairly stated that on account of some misconception and wrong legal advise, the application for discharge did not disclose any ground or reason and merely contained a prayer for grant of discharge. In view of the above, the applicant prays he may be allowed another opportunity to file application at this stage, seeking discharge on proper ground and reason, the interest of justice may be served.
Considering the aforesaid, the present application is disposed of, with a direction subject to the applicant depositing Rs. 5,000/- to the Legal Services Committee, High Court, Allahabad within a period of two weeks from today, the applicant may file a fresh discharge application together with receipt of deposit so made. In that event, the application so filed may be entertained and decided in accordance with law.
Order Date :- 22.2.2018 Mini