Court No. - 69
Case :- APPLICATION U/S 482 No. - 16812 of 2009 Applicant :- Puttan @ Puattan Ali And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Kumar Tiwari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard Sri D.K.Tiwari,learned counsel for the applicants and learned AGA for the State and perused the record brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 54 of 2009, arising out of case crime no.423 of 2008 (State Vs. Puttan & Others. under section 2/3 Gangster Act, P.S. Faridpur, District Bareilly as well as charge sheet No.240/o8 dated 2.8.2008, pending in the court of the Special Judge (DAA), Agra.
Learned carousel for the applicants contended that this Court had stayed the proceedings of the aforesaid case against applicants vide order dated 28.7.2009.
The prayer for quashing the proceedings of the aforesaid case as well as charge sheet pending before the court concerned is refused.
Moreover, the applicants have got a right of discharge under section 239,245 or 227/228 Cr.P.C. through their counsel as the case may be by moving a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the trial court.
However, it is provided that till the conclusion of trial no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 21.8.2019 IA