Court No. - 79
Case :- APPLICATION U/S 482 No. - 42968 of 2019 Applicant :- Smt. Nasreen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar, Babu Lal Ram Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Vakalatnama filed by Shri Chandrabhan Kushwaha, Advocate, on behalf of opposite party No. 2 is taken on record.
Heard learned counsel for the applicant, Shri Babu Lal Ram, learned counsel for opposite party No. 2, Shri Chandrabhan Kushwaha, and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings in Case No. 2072 of 2019 (State Vs. Nasreen) arising out of Case Crime No. 174 of 2019, under Sections- 420, 385, 504 of IPC, Police Station- Kotwali, District- Budaun, pending in the court of Additional Chief Judicial Magistrate, Budaun.
Learned counsel for the applicant submits that she has been falsely implicated by the police under the alleged sections.
In that view of the matter, she is permitted to move a discharge application through counsel before the trial court within one month from today and the trial court shall decide the same by a detailed order deciding all the points raised therein within a period of two months from the date of filing of the application alongwith certified copy of this order. Applicant shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring her presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond, proceedings under Section 229-A of I.P.C shall be initiated against her.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed of.
Order Date :- 26.11.2019 LBY