Court No. - 45
Case :- APPLICATION U/S 482 No. - 42415 of 2018 Applicant :- Smt Pratibha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Shri Narayan Singh Kushwaha, Advocate has filed Vakalatnama on behalf of O.P. No.2, same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Narayan Singh Kushwaha, learned counsel for O.P. No.2.
The present application under Section 482, Cr.P.C. has been filed by the applicant to quash the order dated 17.10.2018 passed by Xth Additional Sessions Judge, Etah in Misc. No.193 of 2018, Smt. Pratibha Vs. State of U.P. and also the entire proceedings of Criminal Case No.335 of 2002, State Vs. Rajeev Rathore and another, arising out of Case Crime No.655 of 1999, under Sections 420, 467, 468, 471, 406, IPC, P.S. Kotwali Nagar, Etah, District Etah, pending in the court of Chief Judicial Magistrate, Etah.
It is submitted that the applicant is aged about 55 years and it has been submitted that no offence is made out against the applicant. Whatever allegations were there against the company, which is under liquidation and after the assets of the company are liquidated, liability of opposite party No.2 shall be clear.
The applicant is granted liberty to file discharge application before the court below through counsel within a period of two weeks, which shall be considered and disposed of within a period of four weeks thereafter. Till the final orders are passed, no coercive action shall be taken against him.
The application stands disposed of. Order Date :- 28.11.2018 T. Sinha