Court No. - 45
Case :- APPLICATION U/S 482 No. - 43292 of 2018
Applicant :- Nijam Ahmad And 4 Ors
Opposite Party :- State Of Up And Anr
Counsel for Applicant :- Vinay Kumar Singh,Surya Pratap Singh Parmar
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Sri Amitabh Patel, Advocate has put in appearance on behalf of the opposite party No.2.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Amitabh Patel, learned counsel for the opposite party No.2.
The present 482 Cr.P.C. application has been filed to quash the Charge-sheet dated 02.04.2017 as well as the entire proceedings in Criminal Case No. 2019 of 2017, arising out of Case Crime No. 624 of 2016, under Sections- 323, 504, 506, 452, 427, 147 IPC, Police Station- Handia, District- Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad.
Learned counsel for the applicants submits that he has been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month from the date of filing of application alongwith certified copy of this order.
Till the discharge application is decided, no coercive measures 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 applications 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 judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
With the aforesaid observations, this application is disposed of.
Order Date :- 30.11.2018 Ruchi Agrahari