Court No. - 55
Case :- APPLICATION U/S 482 No. - 44819 of 2018 Applicant :- Amit Kumar Tiwari Opposite Party :- State Of Up And Another Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.,Atul Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 27.01.2018 passed by learned Magistrate/Judicial Magistrate, court No. 21, Azamgarh as well as entire proceeding of Complaint Case No. 6509 of 2016 (Rishi Pandey Vs. Amit Tiwari & another), under section 420 IPC, pending in the court of learned Magistrate/Judicial Magistrate, court No. 21, Azamgarh.
The contention of the 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 pointed out certain documents and statements in support of his contention.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including summoning order dated 27.01.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within three weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within three weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 20.12.2018 Sartaj