Court No. - 45
Case :- APPLICATION U/S 482 No. - 29515 of 2017 Applicant :- Nasim Haider And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Qamrul Hasan,Dur Vijay Singh Counsel for Opposite Party :- G.A.,Sandeep Tripathi
Hon'ble Siddharth,J.
Shri SFA Naqvi Advocate has filed Vakalatanama on behalf of applicants, same is taken on record. Shri Sandeep Tripathi has also appeared on behalf of O.P. No.2.
The present 482, Cr.P.C. application has been filed to quash the charge sheet dated 30.6.2017 as well as entire proceedings of Case No.6695/9 of 2017, arising out of Case Crime No.551 of 2017, under Sections 420, 467, 468, 471, 506, 409, IPC, P.S. Kotwali Nagar, District Muzaffarnagar, pending in the court of Chief Judicial Magistrate, Muzaffarnagar.
It has been submitted by learned counsel for the applicants that no offence under Sections 420, 467, 468, 471, 506, 409, IPC is made out against the applicants. The applicants are not even the Government employees attracting the offence under Section 409, IPC.
In that view of the above contention, it is open for the applicants to move discharge application through counsel before the trial court and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order.
Till the discharge application is decided, no coercive measure 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 judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
The application stands disposed of. Order Date :- 20.12.2018 T. Sinha