Court No. - 42
Case :- APPLICATION U/S 482 No. - 23132 of 2019 Applicant :- Praveen Kumar Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avneesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard the learned counsel for the applicant and the learned A.G.A. for the State of U.P.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 30.8.2018 passed by the Additional Chief Metropolitan Magistrate-2 Kanpur Nagar in Case No. 3004906 of 2015 State Vs. Bal Krishna Tiwari and others arising out of Case Crime No. 801 of 2013 under sections 420, 467, 468, 471 and 409 I.P.C. P.S. Kalyanpur, Kanpur Nagar.
Submission is that the basis of the implication of the applicant is fabricated certificate, which was never in existence, Investigating Officer has recorded his finding that despite repeated reminders no such document was provided.
The learned counsel for the applicant further submits that the court below has not considered this aspect of the investigation that the alleged certificate are not in existence, therefore, implication of the applicant on its basis is without any basis and the order impugned has been illegally passed against the applicant.
In that view of the matter,this application is disposed of granting liberty to the applicant to raise his grievance before the trial court by means of filing a discharge application through counsel within a month from today and the trial court shall decide the same within a period of two months from the date of filing of application alongwith certified copy of this order.
Till the discharge application is decided, no coercive measures shall be taken against the applicants.
With the aforesaid observations, this application is disposed of.
Order Date :- 24.6.2019 N.A.