Court No. - 45
Case :- APPLICATION U/S 482 No. - 38861 of 2018
Applicant :- Rakesh Kumar Yadav
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the Charge- sheet dated 07.9.2017 as well as summoning order dated 11.6.2018 passed by Additional Chief Judicial Magistrate, Room No. 17, Etah and the entire proceedings in Case No. 9966 of 2018 arising out of Case Crime No. 187 of 2017, under Sections- 3/7 Essential Commodities Act, Police Station- Jalesar District- Etah, pending in the court of Additional Chief Judicial Magistrate, Etah.
Learned counsel for the applicant submits that during the pendency of proceedings before the authorities, the first information report was lodged and charge-sheet has been submitted by the police. It has been further submitted that before the final conclusion could be arrived regarding the allegations made against the applicant by the competent authorities and appellant authority, charge-sheet has been submitted, when no offence is made out against the applicant.
In that view of the matter, he is permitted to move discharge application through counsel before the trial Court and the trial court shall decide the same within a period of one month from the date of production of a 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 :- 27.10.2018 Ruchi Agrahari