Court No. - 55
Case :- APPLICATION U/S 482 No. - 46114 of 2018 Applicant :- Mohd. Asim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajiv Kumar Singh 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 entire criminal proceedings of Complaint Case No. 4803 of 2017 (Mohd. Haroon and another Vs. Mohd. Aasim), under Section 406 I.P.C., Police Station Utraon, District Allahabad as well as summoning order dated 03.04.2018 and order of N.B.W. dated 15.11.2018 passed by the learned A.C.J.M., Court No. 10, Allahabad.
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 summoning order dated 03.04.2018 and order of N.B.W. dated 15.11.2018, 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. 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 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 :- 21.12.2018 Rmk.