Dr. Jayant Kumar Sircar and Another Vs State of U.P. and Another

Court No. - 22

Case :- APPLICATION U/S 482 No. - 37239 of 2018

Applicant :- Dr. Jayant Kumar Sircar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saurabh Basu Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for applicants and learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 20.09.2018 passed by the Special Judicial Magistrate, Allahabad, under Section 420 I.P.C., Police Station- Daraganj, District Allahabad whereby applicants have been summoned in Complaint No. 647 of 2017 (Yatindra Nath Mishra Vs. Jayant Kumar Sarkar and others).

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Learned counsel for applicants contended that from the perusal of complaint no offence is made out.

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Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.

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As per provision of Section 245 (2) Cr.P.C., applicants have alternative remedy to get themselves discharge before trial court. Accordingly, it is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of above, the prayer for quashing the impugned order in the aforesaid complaint case, is hereby refused.

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Accordingly, application u/s 482 Cr.P.C. is disposed of.

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However, learned trial court is directed that if applicants submit application under Section 245(2) Cr.P.C. through counsel for discharge within thirty days from today, the same shall be decided within thirty days from the date of presentation of application by speaking order.

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

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Order Date :- 1.11.2018 Sharad/-

Dr. Jayant Kumar Sircar and Another v. State of U.P. and Another

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Dr. Jayant Kumar Sircar and Another v. State of U.P. and Another

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