Court No. - 90
Case :- APPLICATION U/S 482 No. - 17773 of 2020 Applicant :- Smt. Sarvesh Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Atul Tej Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,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 as well as charge sheet No. 313/20 dated 14.07.2020 submitted in Case No. 5067 of 2020 (State Vs. Pramod Kumar and others) under Sections - 420, 467, 468, 471, 506 IPC, Police Station- arising out of Case Crime No. 60 of 2020 Police Station - Gajraula, District- Amroha, pending in the court of Chief Judicial Magistrate, Amroha.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections. The charge sheet has been submitted by the police in a mechanical manner and it has been observed in the report prepared during the investigation that the disputed land belongs to the applicants and the applicants are already recorded in the Revenue Records, which is evident from the police report annexed at page No. 79 of the paper book.
This Court prima facie finds that there is force in the submission of the learned counsel for the applicants and this application is finally disposed of with a direction to the learned Trial Court that the applicants will file a discharge application before the Trial Court within twenty days from today raising all the points which they have raised in this application as well as all other points which might be raised by them and the concerned Court will decide the discharge application within the next two months by discussing all the points raised by the applicants in their discharge application.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
With the aforesaid observations, this application is disposed of.
Order Date :- 6.1.2021 LBY