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Neutral Citation No. - 2025:AHC:74832 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37615 of 2024 Applicant :- Awanish Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Singh Counsel for Opposite Party :- G.A.,Poonam Mishra,Rashmi Srivastava Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 6.08.2024 passed by Chief Judicial Magistrate, Sonbhadra as well as the entire proceedings in Case No. 8807 of 2024 (State of U.P. vs. Dushyant Singh and another) arising out of Case Crime No. 311 of 2023, under Section- 306 I.P.C., Police Station- Robertsganj, District- Sonbhadra.
3. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the instant case and investigation has not concluded any evidence to prosecute the applicant in the present case. Initially the F.I.R. was lodged under Section 302 IPC but charge sheet has been submitted under Section 306 IPC. There is no evidnce to show that the applicant instigated or abated the deceased to commit suicide.
4. In that view of the matter, he is permitted to move discharge application through counsel before the trial court within one month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order. Applicants shall furnish personal bond as per Section 88 Cr.P.C before the Court below ensuring their presence before the Court for the purpose of consideration of discharge application. In case of failure to appear before the Court after execution of bond proceedings under Section 229-A I.P.C shall be initiated against them.
5. Till the discharge application is decided, no coercive measures shall be taken against the applicants.
6. With the aforesaid observations, this application is disposed of. Order Date :- 8.5.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad