Court No. - 55
Case :- APPLICATION U/S 482 No. - 46104 of 2018 Applicant :- Parmesh Chand Sharma Opposite Party :- State Of Up And Another Counsel for Applicant :- Kuldeep Kumar 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 proceedings of Complaint Case No. 94 of 2018 (Ajay Kumar Vs. Parmesh Chand Sharma), under Sections 420, 406 I.P.C., Police Station Sikandrabad, District Bulandshahr as well as summoning order dated 06.08.2018 passed by Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 1, District Bulandshahr in 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 summoning order dated 06.08.2018, 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.