The court disposed of an application under S. 482 Cr.P.C. to quash a charge-sheet, permitting the applicants to file a discharge application under a certificate and directing non-use of coercive measures during pending disposal.
Applicants permitted to move discharge application through counsel; no coercive measures till discharge decided.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 43807 of 2018
Applicant :- Ramesh And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Avanish Kumar Srivastava Counsel for Opposite Party :- G.A.,Ramesh Chandra Srivastava
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri B. K.Ojha, Advocate, holding brief of Sri Ramesh Chandra Srivastava, learned counsel appearing on behalf of opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 01.11.2018 bearing charge-sheet no.578 of 2018 in Criminal Case No.3485 of 2018 (State of U.P Vs. Ramesh & others) arising out of Case Crime No.0400 of 2018, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Rohania, District Varanasi.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections.
In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within a period of two weeks and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order along with application.
Till the discharge application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid directions, application stands disposed of.
Order Date :- 11.12.2018
SS
1 issue framed by the court
Whether to quash the charge-sheet under Sections 419, 420, 467, 468, 471, 120-B IPC or permit discharge application through trial court.
1 provisions across 1 enactments
Ramesh And 2 Ors
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
