Court No. - 55
Case :- APPLICATION U/S 482 No. - 42629 of 2018 Applicant :- Rajeev Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
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 the entire proceeding of Complaint Case No. 115 of 2017 (Sanjeev Kumar Vs. Virendra Singh Bhati and others), under Section 420 I.P.C., Police Station Dadari, District Gautam Budha Nagar including summoning order dated 2.2.2017, passed by learned Additional Chief Judicial Magistrate-III, Gautam Budha Nagar.
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 criminal proceedings including summoning order dated 2.2.2017, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicants appear and move 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 applicants move an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Order Date :- 27.11.2018 NS