Court No. - 49
Case :- APPLICATION U/S 482 No. - 38324 of 2018 Applicant :- Akbar Ali Siddiqui Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shreesh Bahadur Tripathi,Sushil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Shri Shreesh Bahadur Tripathi, learned counsel for the applicant and the learned AGA for the State.
By means of this application, the applicant prays for quashing of the charge-sheet dated 19 December 2017 as well as the entire criminal proceedings of Case No.1255 of 2018 (State vs. Akbar Ali Siddiqui & Ors.) arising out of Case Crime No.191 of 2017 under Sections 406, 506 IPC, Police Station-Badagaon, District Varanasi pending in the Court of Chief Judicial Magistrate, Court No.5, Varanasi.
The contention of the learned counsel for the applicant is that the applicant is the uncle (father's brother) of the opposite party no.2. It is alleged that due to a business dispute between the applicant and the opposite party no.2, an FIR was lodged by the complainant-opposite party no.2. It is stated that, as a matter of fact, the dispute has been resolved between the opposite party no.2 and the applicant and in that regard, a compromise dated 3 July 2018, that has been enclosed as Annexure-6 to the affidavit filed in support of the application, has been prepared.
Given the nature of the allegations made in the FIR and the charge-sheet that has been filed, this Court is not inclined to interfere in the matter in exercise of jurisdiction under Section 482 of the Cr.P.C.
This application is, accordingly, rejected.
However, it is provided that in case the applicant moves an appropriate application for discharge before the trial Court within a period of twenty days from today, the same shall be considered expeditiously, strictly in accordance with law. For a period of forty five days from today or till the disposal of the application, whichever is earlier, no coercive steps shall be taken against the applicant in the aforesaid case.
Order Date :- 27.10.2018 SK (Jayant Banerji, J.)