Shiv Kumar Pandey @ Munna vs State Of U.P. & Anr.
2019 Latest Caselaw 6388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- U/S 482/378/407 No. - 5128 of 2019
 

 
Applicant :- Shiv Kumar Pandey @ Munna
 
Opposite Party :- State Of U.P. & Anr.
 
Counsel for Applicant :- Pankaj Shukla,Sampurna Nand Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajendra Kumar-IV,J.

Heard Sri Pankaj Shukla, learned counsel for the applicant, 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 charge sheet No. 01 of 2018 dated 03.10.2018, Case Crime No.99 of 2018, under Sections 411, 419, 420, 467, 468, 471, 472 I.P.C., P.S. Sangrampur, District Amethi as well as cognizance order dated 09.10.2018 passed by Additional Chief Judicial Magistrate, Court No. 8, Sultanpur and subsequent proceeding thereof.

It has been submitted by learned counsel for the applicant that no offence against the applicant 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 applicant, therefore, entire proceeding in lower court is liable to be quashed.

After commencing some arguments, learned counsel for the applicant 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 the charge sheet as well as 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 applicant, submission made at bar, it is provided that if the applicant moves 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 applicant, 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 applicant, no coercive action shall be taken against the applicant.

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 applicant 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