Court No. - 45
Case :- APPLICATION U/S 482 No. - 46663 of 2018 Applicant :- Rakesh Nishad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the Charge Sheet No.80 of 2017 dated 14.12.2017 as well as entire criminal proceeding of Special Case No.118 of 2018, State Vs. Rakesh Nishad arising out of Case Crime No.130 of 2017, under Sections 323, 504, 506 and 452 I.P.C and 3(2)(5ka) SC/ST Act, Police Station Jaspura, District Banda.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections. It has been further submitted that there is no offence under Section 3(1)(10) ST/ST Act is made out from the allegations made in the first information report itself.
In that view of the matter, he is permitted to move discharge application through counsel before the trial Court within a period of three weeks 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 along with application.
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 directions, application stands disposed of.
Order Date :- 21.12.2018 SS