Court No. - 72
Case :- APPLICATION U/S 482 No. - 6815 of 2019 Applicant :- Shadab And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shalendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this 482 Cr.P.C. application, applicant prays for quashing of criminal case no. 2149 of 2017, arising out of case crime no. 624 of 2017, under Section 147, 148,323,336,379,429 IPC and 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 P.S. Delhi Gate, District Aligarh, pending in the court of ACJM- IVth, Aligarh including the chargesheet no. 432 of 2017 dated 25.08.2017 and cognizance order dated 11.10.2017.
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 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 measure 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 bonafide prayer for discharge and if they fail to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceed in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 22.2.2019 Sanjeev