Court No. - 45
Case :- APPLICATION U/S 482 No. - 42113 of 2018
Applicant :- Sadarey Alam
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Anil Kumar Chaudhary,Ram Singh Yadav
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 entire proceedings of Charge Sheet No.31 of 2009 and cognizance order dated 07.12.2009 in Criminal Case No.6582 of 2009, State Vs. Shiv Pujan and others, arising out of Case Crime No.31 of 2009, under Sections 147, 504, 506, 120B, 419, 420, 467, 468 IPC, Police Station Chiluatal, District Gorakhpur pending before the S.D.I, Gorakhpur.
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. 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 :- 27.11.2018 SS