Yaar Mohammad & Another vs State Of U.P. & Another
2019 Latest Caselaw 6386 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- U/S 482/378/407 No. - 6309 of 2018
 

 
Applicant :- Yaar Mohammad & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rishad Murtaza
 
Counsel for Opposite Party :- Govt. Advocate,Shobh Nath Pandey
 

 
Hon'ble Rajendra Kumar-IV,J.

Heard Sri Rishad Murtaza, learned counsel for the applicants, Sri Rajeev Kumar Verma, learned AGA for the State and perused the record carefully.

By means of this application under Section 482 Cr.P.C., applicant approached this Court for quashing the proceedings of Complaint Case No. 1140 of 2017 (Raheema vs. Yaar Mohammad and others), under Sections 380, 323, 506 I.P.C., P.S. Kotwali Utraula, District Balrampur, pending in the Court of Judicial Magistrate, Utraula, District Balrampur as well as summoning order dated 8.5.2018.

It has been submitted by learned counsel for the applicants that no offence against the applicants is made out. He has been falsely implicated in the present case for harassment and humiliation. He further contended that there was no evidence against the applicants, therefore, entire proceeding in lower court is liable to be quashed.

After commencing some arguments, learned counsel for the applicants admitted that those facts could not be brought to the notice of Court so far. He further submitted that he may be permitted to file an appropriate application for discharge under the Code of Criminal Procedure.

Learned AGA opposed the prayer for quashing of proceedings but has no objection to the second part of prayer.

No comment on merit of the case.

Considering the entire facts and circumstances of the case, allegations against the applicants, submission made at bar, it is provided that if the applicants move an appropriate application for discharge through counsel or in person within a period one month from today, Trial Court shall consider the contentions as well as all stands taken by applicants and pass an appropriate and speaking order on the application according to law within a further period of two months without granting unnecessary adjournment in the matter.

Till disposal of application for discharge moved by applicants, no coercive action shall be taken against the applicants.

It is also made clear that if the application for discharge is not moved within one month, trial court shall be at liberty to proceed the trial against the applicants in accordance with law.

With the aforesaid observation and direction, the present application under Section 482 Cr.P.C. is hereby disposed of.

Order Date :- 1.8.2019

Manoj