Court No. - 73
Case :- APPLICATION U/S 482 No. - 7645 of 2019 Applicant :- Sandeep Tyagi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Daga,Abhishek Kumar Jaiswal 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 charge sheet dated 19.09.2018 as well as entire proceeding of Criminal Case No.27164 of 2018 (CNR- UPMEO 40685972018), (State of U.P. Vs. Mehtab and others), arising out of Case Crime No.336 of 2017, under Sections- 147, 148, 149, 307, 336, 332, 353, 341, 427 IPC and Section 7 Criminal Law Amendment Act, Police Station- Parikshitgarh, District- Meerut, pending before the learned Additional Chief Judicial Magistrate, Court No.8, Meerut.
The contention of the learned counsel for the applicant is that frivolous FIR has been lodged on 26.06.2017 by the opposite party no.2 against the 61 persons as well as unknown persons, which was registered as Case Crime No.336 of 2017, under Sections- 147, 148, 149, 307, 336, 332, 353, 341, 427 IPC and Section 7 Criminal Law Amendment Act, Police Station- Parikshitgarh, District- Meerut. He further submitted that S.S.P., Meerut has directed to I.O. for further investigation and I.O. submitted the report on 8.1.2019 stating therein applicant was not involved in the alleged offence, but ignoring the same, order dated 31.1.2019 has been passed only on the ground that as earlier cognizance order has already been passed and summons have been issued, therefore, at this stage, no further order can be passed. He further submitted 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, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and moves an appropriate application for discharge under section 239 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
Accordingly, the present application is disposed of. Order Date :- 28.2.2019 Junaid