Court No. - 55
Case :- APPLICATION U/S 482 No. - 39029 of 2018 Applicant :- Nishant Saxena Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 24.8.2016 passed by the Judicial Magistrate, Sahsawan, Budaun in complaint case no. 255 of 2014 (Noor Mohammad Vs. Mayank Maheshwari and others) under Section 420 IPC, P.S. Sahsawan, District Budaun as well as entire proceeding of the aforesaid case with a further prayer to stay the proceedings of the aforesaid case.
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 24.8.2016, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant moves an appropriate application for discharge through counsel under Section 239 or 227/228/245 Cr.P.C., as the case may be, before the court below within 15 days 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 15 days, no coercive action shall be taken against the applicant till disposal of the said application.
In case no such application is filed within a period of 15 days, as prescribed above, the present order shall stand automatically vacated.
With the above directions, present application is disposed of.
Order Date :- 27.11.2018 Shekhar [Chandra Dhari Singh, J.]