Court No. - 55
Case :- APPLICATION U/S 482 No. - 45885 of 2018 Applicant :- Rajendra Prasad And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Sandeep Kumar Srivastava, Advocate has filed Vakalatnama on behalf of opposite party no. 2, which is taken on record.
Heard learned counsel for the applicants, Sri Sandeep Kumar Srivastava, 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.
436 of 2017 (New No. 2396 of 2018) (Ijarul Vs. Rajendra Prasad and others), under Sections 420, 452, 323, 504, 506 I.P.C., Police Station Naugaon Sadat, District Amroha (J.P. Nagar) including the summoning order dated 25.11.2017 passed by the learned Additional Civil Judge (Sr. Div.)/A.C.J.M., Amroha (J.P. 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 summoning order dated 25.11.2017, 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.