Disposed

Jagdeesh v. State of U.P. and Another

Allahabad HC14 Dec 2018A482/45400/2018

Case brief

AI extract

What is this about?

The single-paragraph order disposed of an application under Section 482 Cr.P.C. without quashing proceedings. The court permitted the applicant to seek discharge through counsel, scheduling a decision within one month and addressing bail if necessary.

What did the court decide?

Liberty to move discharge application through counsel; coercive measures stayed; bail liberty if discharged application rejected.

Jagdeesh Vs State of U.P. and Another — Property and Title | Allahabad HC (2018)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 45400 of 2018

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Applicant :- Jagdeesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Shri R.B. Gaur, Advocate has put in appearance on behalf of O.P. No.2, same is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Shri R.B. Gaur, learned counsel for O.P. No.2.

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The present 482, Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.403 of 2018 arising out of Case Crime No.357 of 2017, under Sections 420, 467, 468, 471, IPC, P.S. Hasayan, District Hathras, pending before the Additional Chief Judicial Magistrate, Hathras.

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There is dispute regarding the membership and meeting of the registered Society.

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Learned counsel for the applicant submits that the applicant has been falsely implicated by the police under the alleged sections.

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In that view of the matter, he is permitted to move discharge application through counsel before the trial court 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.

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Till the discharge application is decided, no coercive measure shall be taken against the applicant.

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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-

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290 , as well as judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.

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The application stands disposed of.

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Order Date :- 14.12.2018 T. Sinha

Jagdeesh v. State of U.P. and Another

Case brief

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Jagdeesh v. State of U.P. and Another

Case brief

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