Court No. - 67
Case :- APPLICATION U/S 482 No. - 15857 of 2019 Applicant :- Mukesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tanisha Jahangir Monir Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet dated 15.11.2017 giving rise to Criminal Case No. 290 of 2018 (arsing out of Case Crime No. 253 of 2017) State Vs. Mukesh, under sections 452, 376, 506 IPC pending in the court of Addl. Chief Judicial Magistrate-I, Amroha as well as the impugned summoning order dated 31.01.2018 From the perusal of the record, it appears that the present FIR has been lodged by opposite party no. 2 after one and half months of the alleged incident through an application filed under section 156(3) Cr.P.C. Number of points have been argued by learned counsel for the applicant but at this stage, these legal submissions can not be appreciated to grant any protection to the applicant.
Under the above facts and circumstances of the case, if so advised, applicant may move an application seeking his discharge, raising all the points factual as well as legal before the concerned court within a fortnight from today, the same shall be heard and decided by the competent court within a period of eight weeks thereafter by a well and reasoned order in accordance with law.
With the above observations, this application is finally disposed of.
Order Date :- 25.4.2019 RPD