Court No. - 55
Case :- APPLICATION U/S 482 No. - 46218 of 2018 Applicant :- Sanjay Sharma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar,Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Learned counsel for the applicant prays for and is permitted to make necessary correction in the prayer of the application during the course of the day.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of case No. 14390 of 2017 under section 406 IPC pending before Chief Judicial Magistrate, Saharanpur and effect and operation of the summoning order dated 3.12.2015 and orders dated 7.10.2016 issuing NBW and order dated 8.3.2018 and 24.04.2018 initiating proceeding under sections 82/83 Cr.P.C.
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, 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. 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 :- 21.12.2018 Sartaj/Rmk