Court No. - 45
Case :- APPLICATION U/S 482 No. - 42953 of 2018
Applicant :- Pooran Lal And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Krishna Koli Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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. 310 of 2016 arising out of Case Crime No. 1069 of 2014, under Sections- 406, 323, 506 IPC, Police Station- Sungarhi, District- Pilibhit, pending in the court of CJM, Pilibhit.
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, he is 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 applicant is at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. His 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 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 :- 18.12.2018
C. MANI