Court No. - 40
Case :- APPLICATION U/S 482 No. - 3976 of 2005 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh,Bhagwati Prasad Singh Counsel for Opposite Party :- Govt. Advocate,Ashok Kumar Srivastava
Hon'ble Chandra Dhari Singh,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 of the entire criminal proceeding of Criminal Case/ Complaint Case No.2573 of 2001, under Sections 467, 468 and 471 I.P.C., P.S. Cantt., District Varanasi including summoning order dated 05.08.2002, Non- bailable warrant dated 23.03.2005 and order dated 15.04.2005.
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.
Learned counsel appearing on behalf of the applicant at last prayed for permission to file discharge application before the court below.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including summoning order dated 05.08.2002, non bailable warrant dated 23.03.2005 and order dated 15.04.2005, 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.
The present application is disposed of. Order Date :- 30.1.2019 Asha