Shabur vs State Of U.P. And Another
2018 Latest Caselaw 3568 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- APPLICATION U/S 482 No. - 8760 of 2005
 

 
Applicant :- Shabur
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vivek Praksh Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Siddharth,J.

None appears on behalf of the applicants even in the revised call. Shri Rameshwar Prasad Shukla, learned A.G.A. is present on behalf of the State.

The present 482, Cr.P.C. application has been filed to quash the charge sheet No.181/04 dated 26.6.04 as well as entire proceedings of Case No.3679/04, Case Crime No.265/04, under Section 323, 504, 406, IPC, P.S. Tanda, District Rampur, pending in the court of Chief Judicial Magistrate, Rampur.

The applicants are permitted to move discharge application through counsel before the trial court 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.

Till the discharge application is decided, no coercive measure 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 judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.

The application stands disposed of.

Office is directed to communicate this order to the court below within a period of two weeks.

Order Date :- 3.11.2018

T. Sinha