Disposed

Somesh Rana @ Someshvar Singh Rana v. State of U.P. and Another

Allahabad HC13 Dec 2018A482/37576/2018

Case brief

AI extract

What is this about?

This order considers an application under Section 482 Cr.P.C. to quash a charge-sheet and cognizance order. The court observed that no coercive measures were taken pending a discharge application and directed the applicant to surrender for bail hearing if the discharge application is rejected.

What did the court decide?

Permission to file discharge application; no coercive measures till decision; direction to surrender for bail if application rejected.

Somesh Rana @ Someshvar Singh Rana Vs State of… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 37576 of 2018

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Applicant :- Somesh Rana @ Someshvar Singh Rana Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 02.4.2017 as well as cognizance order dated 07.6.2017 and entire proceedings in Criminal Case No. 1880 of 2018, arising out of Case Crime No. 84 of 2017, under Sections406, 504, 506 IPC, Police Station- Chandausi, District- Sambhal, pending in the court of C.J.M., Sambhal.

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Submission is that the Investigating Officer has not found allegations regarding the incident after inspection of the scene of occurrence. However informant has produced two witnesses, namely, Subhash, and One Anwar, who have proved the incident alleged in the FIR. Opposite party No.2 is stated to be an Advocate. Both the witnesses have been examined by the police. It has been submitted that the applicant is an electrician and he gave service in the house of opposite party No.2 and some dispute arose regarding the payment of labour charges, which has led into false implication of the applicant.

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In that view of the matter, he is permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month from the date of filing of application alongwith certified copy of this order.

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Till the discharge application is decided, no coercive measures shall be taken against the applicants.

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However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the Courts below within three weeks thereafter and apply for bail. His 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 judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.

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With the aforesaid observations, this application is disposed of.

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Order Date :- 13.12.2018 Ruchi Agrahari

Somesh Rana @ Someshvar Singh Rana v. State of U.P. and Another

Case brief

What is this about?

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Somesh Rana @ Someshvar Singh Rana v. State of U.P. and Another

Case brief

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