Court No. - 69
Case :- APPLICATION U/S 482 No. - 29402 of 2019 Applicant :- Radhey Shyam Gupta And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hari Shankar,Babu Lal Ram Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Sanjay Singh, learned AGA-I for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No.248/IX of 2016 (State Vs. Pramod Azad and others) arising out case crime no.75 of 2016, under Sections 147, 188, 283, 341, 332, 353, 504, 506, 336 I.P.C and 7 Criminal Law Amendment Act, police station Kamasin, District Banda as well as the cognizance taking order dated 13.5.2019, pending in the Court of learned Judicial Magistrate, Baberu, Banda.
Learned counsel for the applicant submits that he has been falsely implicated under the alleged sections.
This Court cannot go into the merits of allegations at this stage.
It is open for the applicant to move discharge application through counsel before the Court below within a period of one month from today. If such an application is filed the same shall be decided by the Court below within a period of two months thereafter. Applicant shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring his presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against him.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid directions, application stands disposed of.
Order Date :- 30.7.2019 Dev/- Arti