Court No. - 73
Case :- APPLICATION U/S 482 No. - 16217 of 2019 Applicant :- Pawan Shah Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed to quash and stay the entire proceeding of charge sheet dated 23.07.2018 in Case Crime No. 0463 of 2018 (State Vs. Pawan Shah) under Section 419, 420, and 406 IPC, P.S. Kotwali, District Deoria.
The contention of the 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.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 25.4.2019 Mohit Kushwaha