Court No. - 68
Case :- APPLICATION U/S 482 No. - 21598 of 2019 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State of U.P.
This application u/s 482 Cr.P.C., has been filed by the applicant with the prayer to quash the summoning order dated 5.2.2018 passed by Additional Chief Judicial Magistrate-II, Saharanpur as well as entire proceedings of Complaint Case No. 3452 of 2017 Satish Kumar Saini Vs. Arvind Kumar and others) under Sections 420, 406 IPC, Police Station Janakpuri, District Saharanpur.
Learned counsel for the applicant contended that opposite party No. 2 (Shri Satish Kumar Saini) has not specified the account in which, money was transferred from the account of Poonam Saini. It is also not specified the name of the person/accused who executed bond in favour of opposite party No. 2 (Shri Satish Kumar Saini). Applicant has no concern with the firm Elikans Trading Consultants (P) Ltd. Director of the firm has not been made accused in this case. Accordingly, no offence is made out against the applicant.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicant to get himself discharge from the court concerned.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicant applies for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicant.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 Jaswant