Court No. - 71
Case :- APPLICATION U/S 482 No. - 7739 of 2019 Applicant :- Sahab@Sahab Alam@Sadab And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 5245 of 2018 (State Vs.Sahab @ Sadab and others) arisig out of Case Crime No. 202 of 2016 under sections 147, 148, 149, 353, 353-ka, 186, 341, 336 427, 504 I.P.C. and section 7 Criminal Law Amendment Act P.s. Lar District Deoria pending in the court of 11th Additional chief Judicial magistrate, court no.19, Deoria.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections.It has been further submitted that applicants have been implicated by the police alleging that they have disturbed the public peace and order.
In that view of the matter, applicants are permitted to move discharge application within three weeks from today through counsel before the trial Court and the trial court shall decide the same within a period of three months from the date of filing of application along with certified copy of this order.However before filing the discharge application, applicants shall furnish bond as per section 88 Cr.P.C. before the court below and will appear on each and every date.On failure to appear after release on bond proceedings under section 229-A I.P.C.shall be initiated against them.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
In the event of failure, on part of the applicants to act as directed above, the Court below may adopt coercive measures against them to ensure his presence.
With the aforesaid direction,the application is disposed of Order Date :- 28.2.2019 Atul kr. sri.