Court No. - 45
Case :- APPLICATION U/S 482 No. - 46912 of 2018 Applicant :- Subhagi Devi And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ramesh Chandra Yadav,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No.932 of 2018 (State Vs. Ram Das and others) arising out of Case Crime No.169 of 2017, under Sections 419, 420 I.P.C., Police Station Jiyanpur, District Azamgarh pending in the Court of Fast Track Court(S.D.), Azamgarh.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within a period of three weeks 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 along with application.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. Their 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 :- 21.12.2018 SS