Court No. - 68
Case :- APPLICATION U/S 482 No. - 16174 of 2019 Applicant :- Dinesh Tyagi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 30.6.2017 passed by Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar in Complaint Case No. 5334/9 of 2016 Kiran Vs. Dinesh Tyagi and another) P.S. Civil Lines, District Muzaffar Nagar and quash the prosecution of the applicants under Section 406 IPC which is pending before the Additional Chief Judicial Magistrate, Court No.2, Muzaffarnagar in Complaint Case No. 5334/9 of 2016 (Kiran Vs. Dinesh Tyagi and another).
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 including order dated 30.6.2017, 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 :- 26.4.2019 Manish Tripathi