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Anand Prakash vs State Of Up And Another

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 65
Case :- APPLICATION U/S 482 No. - 17032 of 2019 Applicant :- Anand Prakash Opposite Party :- State Of Up And Another Counsel for Applicant :- Anand Ji Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of Charge sheet dated 22.01.2018, cognizance order dated 02.08.2018 as well as entire proceedings in Case No.20490 of 2018 (State vs. Anand Garg), arising out of Case Crime No.543 of 2017, u/s 304A I.P.C., P.S.-T.P. Nagar, District-Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Meerut.
Heard learned counsel for applicants and learned A.G.A. Perused the record.
Counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the impugned charge sheet, entire proceeding as well as cognizance order and has submitted that the applicant desires to seek his discharge and for that a liberty may be granted to him.
In view of the submissions made by the applicant's counsel, the prayer for quashing the impugned charge sheet, entire proceedings as well as cognizance order stands dismissed..
However, in view of the peculiar facts and circumstances of the case, it may be observed that under the statutory scheme of law there is a stage where the Court decides upon the appropriateness of framing the charge against the accused after hearing him or pass order of discharge. If under appropriate section at appropriate stage the applicant moves before the court below seeking his discharge it is expected that the court shall adjudicate upon the same in accordance with law.
With the aforesaid observations this application is finally disposed off.
Order Date :- 29.4.2019 M. Kumar
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  • Karuna Nand Bajpayee
  • Anand Ji Mishra