Vinod Kumar Singh and Another Vs State of U.P. and Another

Court No. - 45

Case :- APPLICATION U/S 482 No. - 6965 of 2018

Applicant :- Vinod Kumar Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.,Girish Kumar Gupta

¶4

Hon'ble Siddharth,J.

¶5

List has been revised. Learned counsel for opposite party No.2 is not present.

¶6

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

¶7

The present 482, Cr.P.C. application has been filed to quash the entire proceedings of Case No.1017 of 2017, arising out of Case Crime No.864 of 2016, under Sections 323, 506, 427, 419, 420, IPC, P.S. Lanka, District Varanasi, pending before the Judicial Magistrate, 1st, Varanasi.

¶8

Learned counsel for the applicants submits that the applicants have been falsely implicated by the police under the alleged sections.

¶9

In that view of the matter, they are 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.

¶10

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

¶11

However, in case discharge application is rejected, the applicants are at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. Their 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 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.

¶12

The application stands disposed of.

¶13

Order Date :- 4.12.2018 T. Sinha

Vinod Kumar Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vinod Kumar Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Amir Hasan Vs State of U.P. and Another

Ravindra Kumar Vs State of U.P. and Another

Vakeel Akhtar Vs State of U.P. and Another

Rajli Devi Vs State of U.P. and 4 others

Sabir Ali Vs State of U.P.

Kunteesh Agrawal Vs State of U.P. and Another