Court No. - 55
Case :- APPLICATION U/S 482 No. - 45868 of 2018 Applicant :- Prashant Rai Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Pandey,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Shashidhar Goswami, Advocate has filed Vakalatnama on behalf of opposite party no. 2, which is taken on record.
Heard learned counsel for the applicant, Sri Shashidhar Goswami, learned counsel for the opposite party no. 2 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 proceedings of Complaint Case No. 1940 of 2017 (Umesh Rai Vs. Vishal Rai and others) as well as impugned summoning order dated 25.07.2018 passed by Additional Chief Judicial Magistrate, Ghazipur in Complaint Case No. 1940 of 2017 (Umesh Rai Vs. Vishal Rai and others), under Sections 323, 504, 506 I.P.C., Police Station Gahmar, District Ghazipur.
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 25.07.2018, 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 :- 18.12.2018 Rmk.