Court No. - 45
Case :- APPLICATION U/S 482 No. - 46631 of 2018 Applicant :- Navneet Pateli Alias Navneet Bhai Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhil Ranjan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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 by the applicant praying to set aside the order dated 15.11.2018 passed by the Chief Judicial Magistrate, Basti and discharge the applicant in Case Crime No.2448 of 2017, under Sections 419, 420, 467, 468, 471, 408, IPC, P.S. Purani Basti, District Basti as well as to quash the Non-Bailable Warrant issued against the applicant on 4.12.2018.
Submission is that the court below has rejected the discharge application of the applicant on the ground that he has not moved the same before the court within twenty days' time provided by the High Court vide its order dated 25.10.2018 passed in Application U/S 482 No.31170 of 2018.
Perusal of the order of the court below dated 15.11.2018 shows that the discharge application was admittedly filed on 2.11.2018 and the order was passed by this Court on 25.10.2018, therefore, the application was moved well within time of twenty days provided by this Court. The finding of the court below that it was filed beyond the time granted by this Court is perverse. Discharge application of the applicant has not been decided on merits, but on the technical ground of being filed beyond the period provided by this Court vide its order dated 25.10.2018.
In view of above, order dated 15.11.2018 passed by the Chief Judicial Magistrate, Basti in Case Crime No.2448 of 2017, under Sections 419, 420, 467, 468, 471, 408, IPC is, hereby, set aside.
Court below is directed to pass a fresh order on the discharge application of the applicant in accordance with law within a period of two months from the date of production of a certified copy of this order before it.
Till the discharge application of the applicant is decided, no coercive action shall be taken against the applicant in the aforesaid case.
The application stands allowed. Order Date :- 20.12.2018 T. Sinha