Court No. - 55
Case :- APPLICATION U/S 482 No. - 46289 of 2018 Applicant :- Mukesh Pandey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the non-bailable warrant order dated 28.09.2018 as well as the entire criminal proceedings of case No. 50 of 2016 under sections 323, 452, 504, 506 IPC and 3(1)(10) SC/ST Act, pending before the court of Special Judge SC/ST Act, Deoria.
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 N.B.W. order dated 28.09.2018, 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. 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 Sartaj