Court No. - 23
Case :- APPLICATION U/S 482 No. - 36812 of 2018 Applicant :- Nadeem And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sunil Kumar Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Padmakar Pandey, Advocate holding brief of Sri Sunil Kumar Srivastava, learned counsel for applicants, Sri Santosh Kumar Upadhya, learned A.G.A. appearing for the State of U.P., Sri Shyam Singh Yadav, learned counsel for opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2292 of 2018 - State of U.P. Vs. Khalil and others, arising out of Case Crime No. 134 of 2017, under Sections 147, 148, 353, 427, 506, 332, 504 I.P.C., Police Station - Rampur Maniharan, District - Saharanpur, pending before IInd Judicial Magistrate, Saharanpur and to quash the the charge sheet dated 13.04.2017 as well as cognizance order dated 21.05.2018, passed in the aforesaid case.
Learned counsel for the applicants submitted that opposite party no. 2 was attached by a mob in the village during raid and on the details provided by the villagers, he named the applicants in the FIR, though he was not personnely known to the applicants as is evident from paragraph 3 and 4 of his affidavit dated 23.03.2017 (Annexure-3). After investigation a wrong and false charge sheet has been filed in the case. As such, the entire proceedings of aforesaid case are liable to be quashed.
Learned counsel for opposite party no. 2 has supported the above submissions made by learned counsel for the applicants. However, learned A.G.A. has opposed the prayer for quashing the proceedings of the aforesaid case.
Considering the rival submissions and facts and circumstances of the case alongwith evidence and material available on record, I am of the view that interest of justice would be served in case applicants are permitted to move discharge application through counsel before the courts concerned.
In view of the above the applicants are permitted to move their discharge application(s) through counsel within thirty days from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
Till the aforesaid period of thirty days and during pendency of discharge application(s), no coercive steps shall be taken against the applicants in the aforesaid case.
In case of failure on the part of applicants in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.
It is clarified that after disposal of discharge application(s), the applicants will be subject to regular process of the court concerned, including bail etc.
With above directions, this application stands disposed of. Order Date :- 27.10.2018 A. Verma