HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. – 14
Case :- U/S 482/378/407 No. – 195 of 2020
Applicant :- Sonu Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Anr.
Counsel for Applicant :- Arvind Pratap Singh
Counsel for Opposite Party :- G.A.
Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State-respondent.
The present application under Section 482 Cr.P.C., has been filed for quashing the charge-sheet No.01/2020 dated 04.04.2019 under sections 354 (B) I.P.C., Police Station Kaudiya, District Gonda as well as the summoning order dated 10.12.2019 passed in case no. 01/20 (State of U.P. vs. Sonu Yadav) arising out of F.I.R. No.0016 of 2019 under sections 354 IPC, P.S. Kaudiya, District Gonda.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further pointed out certain documents and statements in support of his contentions. It is also submitted that the applicant has been falsely implicated in the present case.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Sections 245(2), 239, 227, 228 Cr.P.C., as the case may be, through a proper application for the said purpose and he is free to take all the pleas in the said discharge application before the trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the charge-sheet of the aforementioned case is refused.
However, it is provided that the applicant is at liberty to move an application for discharge through counsel before the Court below within a period of fifteen days from today and in case such an application is moved, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned court below within a period of two months.
No coercive action shall be taken against the applicant for the next fifteen days from today, which benefit shall extend for further two months or disposal of the discharge application whichever is earlier, only if the applicant moves the said application within fifteen days from today.
In case no such application is filed within the aforesaid period, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 21.1.2020