Court No. - 44
Case :- APPLICATION U/S 482 No. - 38903 of 2018 Applicant :- Ramesh Rewaria Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 13.07.2016 as well as the entire proceedings of Complaint Case No.4069 of 2015, under Section 420 I.P.C., Police Station Garhmukteswar, District Hapur, pending in the court of Chief Judicial Magistrate, Hapur.
This is second application moved by the applicant under Section 482 Cr.P.C.
On 17.05.2012, the following order was passed in first Application under Section 482 No. - 17080 of 2012 (Ramesh Rewariya Vs. State of U.P.):-
"Heard learned counsel for the applicant and learned AGA.
This application has been filed with a prayer to quash the entire proceedings of Complaint Case No.1103 of 2011 (Nanak Chand Vs Ramesh Rewariya and others) under Section 420 IPC, pending in the Court of learned Judicial Magistrate, Ghaziabad.
It is contended by the learned counsel for the applicant submitted that the impugned complaint has been filed by the opposite party no.2 against the applicant containing absolutely false and frivolous allegations with the ulterior intention of harassing them and although no offence against the applicant is disclosed from the material on record, yet the court below has summoned the applicant in mechanical manner to face the trial.
It is further submitted that since the prosecution of the applicant is manifestly attended with malafides the same is liable to quashed.
In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicant before the court concerned by way of moving application under section 245(2) Cr.P.C.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and the learned AGA, it is directed that in case the applicant moves an application under section 245(2) Cr.P.C. before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicant.
With the above direction, this application is finally disposed of."
I do not find any merit in this application warranting interference by this Court.
At this stage, learned counsel for the applicant submits that a discharge application was rejected vide order dated 13.07.2016. His further submission is that process of non- bailable warrant was issued against the applicant vide order dated 05.09.2017. His further submission is that the case was previously pending at District Ghaziabad and thereafter the case was transferred to Hapur, due to which applicant was having no knowledge of the case being pending at Hapur and non-bailable warrant has been issued. He further made a prayer that the court below may be directed to consider and decide the bail application of the applicant, expeditiously.
Considering the facts and circumstances of the case, this application is finally disposed of with a direction that if applicant appears and surrenders before the Courts below within 30 days from today and moves bail application, his bail application shall be considered and decided expeditiously, after hearing the Public Prosecutor in the aforesaid case for the aforesaid offences. For a period of 30 days from today or till applicant surrenders and moves bail application, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
Order Date :- 27.10.2018/atul