Court No. - 72
Case :- APPLICATION U/S 482 No. - 47414 of 2018 Applicant :- Pintu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this 482 Cr.P.C. application, applicant prays for quashing of the charge sheet dated 25th June, 2018 as well as cognizance order dated 17th October, 2018 in Case No. 5501 of 2018 (State v. Achhendra Kumar and others) arising out of Case Crime No.-249 of 2018) under Sections 406, 323, 504, 506 I.P.C., Police Station- Gangoh, District- Saharanpur.
At the very outset, learned counsel for the applicant submits that he wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure, 1973 through counsel.
It is therefore, hereby provided that the applicant shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicant, no coercive measure shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicant so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 21.1.2019 Atmesh