Court No. - 38
Case :- APPLICATION U/S 482 No. - 22206 of 2019 Applicant :- Bharat Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran 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 and perused the entire record.
Learned counsel for the applicant is permitted to carry out necessary correction in the prayer of 482 Cr.P.C. application during the course of the day.
This application under Section 482 Cr.P.C. has been filed seeking quashing the entire criminal proceedings of Complaint Case No. 84/2018, under sections 323, 504 and 506 I.P.C., P.S.- Fatehabad, District- Agra as well as order dated 19.9.2018 passed by Special Judge POCSO Act/Additional District Judge- VIII, Agra, pending in the court of Special Judge POCSO Act/Additional District Judge-VIII, Agra.
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, 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 245(2) Cr.P.C. through counsel 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 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.
Accordingly, the present application is disposed of. Order Date :- 4.6.2019 Sartaj