Allahabad High Court
Rajendra & Anr. vs State Of U.P. & Anr. on 18 February, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- U/S 482/378/407 No. - 8247 of 2019 Applicant :- Rajendra & Anr. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State-respondent.
The present application under Section 482 Cr.P.C., has been filed for quashing the charge-sheet no.43 of 2017 including the entire proceedings of the Criminal Case No.14254 of 2017 arising out of case crime no.583 of 2017 under sections 447, 188 IPC and section 3 of the Prevention of Damages to Public Property Act, P. S. Ranipur, District Bahraich.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further pointed out certain documents and statements in support of his contentions. It is also submitted that the applicants have been falsely implicated in the present case.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Sections 245(2), 239, 227, 228 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the pleas in the said discharge application before the trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the charge-sheet of the aforementioned case is refused.
However, it is provided that the applicants Rajendra and Pratap are at liberty to move an application for discharge before the Court below within a period of fifteen days from today and in case such an application is moved, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned court below within a period of two months.
No coercive action shall be taken against the applicants for the next fifteen days from today, which benefit shall extend for further two months or disposal of the discharge application whichever is earlier, only if the applicant moves the said application within fifteen days from today.
In case no such application is filed within the aforesaid period, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.2.2020 VNP/-