Court No. - 45
Case :- APPLICATION U/S 482 No. - 39143 of 2018 Applicant :- Rehan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Vijay Kumar Pandey, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.10.2017 and cognizance order dated 14.11.2017 and N.B.W. dated 25.8.2018 in Criminal Case No. 619 of 2017(State Vs. Rehan) arising out of case crime no. 548 of 2017 under sections 419, 420, 467, 468, 471, 120-B I.P.C. P.S. Shahganj District Jaunpur pending before the court of A.c.J.M.-Ist District Jaunpur.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections.
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 applicant.
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. Their 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 direction,the application is disposed of.
Order Date :- 31.10.2018 Atul kr. sri.