Case :- APPLICATION U/S 482 No. - 9590 of 2021 Applicant :- Ankit Yadav @ Yash Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State Video Conferencing and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding as well as Charge-Sheet dated 04.03.2021 as Charge Sheet No. 69 of 2021 (State Vs. Rudra Kumar Neetu), under Section 392 I.P.C. Police Station Phaphund, District Auraiya, arising out of Case Crime No. 0360 of 2020, pending in the court of Special Judge, U.P. D.A.A., Auraiya.
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 entire criminal proceedings including charge sheet dated 04.03.2021, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and moves an appropriate application for discharge under section 239 Cr.P.C. through counsel before the court below within two weeks from the date of receipt of a computer generated copy of this order then the application of the applicant shall be considered and decided expeditiously preferably within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
Order Date :- 27.5.2021 Rmk.
Digitally signed by Justice Neeraj Tiwari Date: 2021.05.27 17:03:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad