Court No. - 73
Case :- APPLICATION U/S 482 No. - 958 of 2019 Applicant :- Mobin Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Satyendra Narayan Singh,Subhash Chandra Pandey 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.
This application under Section 482 Cr.P.C. has been filed seeking quashing the proceedings of case No. 2146 of 2018, under sections 3/5/8 of Cow Slaughter Act, P.S.-Swar, District-Rampur arising out of case crime no. 668 of 2017 in charge sheet no. 34 of 2018 pending in the court of First A.C.J.M.-Rampur and cognizance order dated 22.05.2018 passed by Additional Chief Judicial Magistrate, Rampur.
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 proceeding of the aforesaid case, 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 239 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 two months 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 :- 22.1.2019 Sartaj