Court No. - 45
Case :- APPLICATION U/S 482 No. - 39130 of 2018 Applicant :- Mudit Kumar And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under section 482 Cr.P.C. has been filed to quash the impugned order dated 29.9.2018 passed by the Chief Judicial Magistrate, Gautam Budh Nagar by means of which the discharge application of the applicants filed under section 239 Cr.P.c. has been rejected and stay the further proceedings of the aforesaid case and charge sheet dated 26.6.2016 in case crime no.
279 of 2016 under sections 420, 467, 471 I.P.c. and section 66 I.T.Act P.s. Sector 20 NOIDA District Gautam Budh Nagar.
Argument is that applicants moved discharge application under section 239 Cr.P.C. raising number of grounds for discharge since Investigating Officer has not found any evidence against the applicants. The court below by order dated 29.9.2018 has dismissed the same without considering any of the grounds raised by the applicants.The court below has only relied upon the judgement of Apex Court and passed the order.
In view of the above, the order dated 29.9.2018 passed by the Chief Judicial Magistrate, Gautam Budh Nagar is hereby quashed.
The application is allowed.
The court below is directed to pass fresh order in the discharge application in accordance with law.
Order Date :- 31.10.2018 Atul kr. sri.