Court No. - 12
Case :- APPLICATION U/S 482 No. - 4293 of 2005 Applicant :- Purshottam Kumar And Antoher Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard Sri Pankaj Bharti, 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 charge sheet as well as the entire proceedings of Case No. 14/9 of 2005, arising out of Case Crime No. 166 of 2004, under Sections- 143, 148, 353, 282, 332, 427, 436, 329, 336 I.P.C. and 7 Criminal Law Amendment Act and 3 P.D. Act, Police Station- Thana Bhawan, District- Muzaffarnagar, pending in the court of A.C.J.M.-II, Muzaffarnagar.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. Lastly, he submits that the applicants may be permitted to move discharge application before the court below and till the disposal of discharge application, interim protection may be extended.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants.
So far as permission of discharge application is concerned, applicants are permitted to move discharge application before the court below within a period of 30 days from today. In case, any discharge application is moved by the applicants within the aforesaid period, court below shall decide the same strictly in accordance with law and till the disposal of discharge application, no coercive action shall be taken against the applicants.
With the aforesaid observation, the application is disposed of. Order Date :- 26.11.2018 Arvind