Court No. - 72
Case :- APPLICATION U/S 482 No. - 7422 of 2019 Applicant :- Seema And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mata Pher Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this 482 Cr.P.C. application, applicants have prayed for quashing the charge sheet No.233/18 dated 12.05.2018 and cognizance order dated 12.09.2018 as well as entire proceedings of Case No.6561/IX/18 (State Vs. Smt. Seema & others), arising out of Case Crime No.181 of 2018, under Sections 452, 323, 504, 506 I.P.C., Police Station Govind Nagar, District Mathura, pending in the court of Chief Judicial Magistrate, Mathura.
At the very outset, learned counsel for the applicants submits that they want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure, 1973 through counsel.
It is therefore, hereby provided that the applicants shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicants, no coercive measures shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as they have come with a bona fide prayer for discharge and if they fail to move an appropriate application as directed hereinabove the interim protection shall stand discharged and the court below shall be at liberty to proceed with the matter in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 25.2.2019
Anand Sri./-