Court No. - 55
Case :- APPLICATION U/S 482 No. - 46946 of 2018 Applicant :- Ashok Kumar Alias Ashok Lal Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
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 16.04.2016 as well as entire proceeding of complaint case no. 31 of 2015 under sections 420, 466, 471 IPC, pending before the court of Additional Chief Judicial Magistrate-I, Basti.
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. It is further submitted that in the case of co-accused Dukhran, this Court in Application U/S 482 No. 34156 of 2018 vide order dated 3.10.2018 has passed order for discharge. 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 16.04.2016, 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 two 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 two 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 :- 21.12.2018 Rmk/Sartaj