Court No. - 69
Case :- APPLICATION U/S 482 No. - 9586 of 2021 Applicant :- Dilip Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Agarwal Archi Piyush,Varad Nath,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Varad Nath and Ms. Archi Agarwal, learned counsels for the applicant and learned A.G.A. for the State through video conferencing and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 19.10.2020 and orders dated 25.11.2020 and 09.03.2021 as well as entire proceeding of Criminal Case No. 365 of 2020 arising out of Case Crime No. 226 of 2020, under sections -376, 506, 313, 323, 504, 494 and 420 IPC, P.S. -Pallavpuram, District- Meerut.
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 applicants.
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 move 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 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. The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
If the applicant move 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 :- 26.5.2021 Sartaj Digitally signed by Justice Neeraj Tiwari Date: 2021.05.26 16:12:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad