Court No. - 55
Case :- APPLICATION U/S 482 No. - 46785 of 2018 Applicant :- Rajiv Dwivedi And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,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 of the entire proceeding along with the summoning order dated 25.10.2017 passed by Additional Chief Judicial Magistrate, Court No.3, Kanpur Dehat and N.B.W. order dated 25.10.2018 passed by F.T.C. (S.D.), Kanpur Dehat in Complaint Case no.309 of 2018 (Vinay Kumar Vs. Ram Babu and others), under sections 452, 323, 504, 506 IPC, P.S. Rura, District Kanpur Dehat, pending in the court of F.T.C., (S.D.), Kanpur Dehat.
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 25.10.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears through counsel and moves 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 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 :- 20.12.2018 Sartaj