Court No. - 55
Case :- APPLICATION U/S 482 No. - 38220 of 2018 Applicant :- Hakim Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kumar Yadav 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 entire criminal proceeding of case including order dated 12.09.2018 passed by Additional Sessions Judge, court no.10, Bulandshahar and summoning order dated 28.11.2017 passed by Additional Chief Judicial Magistrate, court no.3, Bulandshahar, under Section 420 I.P.C., P.S. Kotwali Nagar, District Bulandshahar whereby Magistrate has summoned the applicants in complaint case no.254 of 2017.
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 12.09.2018 and summoning order dated 28.11.2017, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
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.
Order Date :- 29.11.2018 Asha