Court No. - 73
Case :- APPLICATION U/S 482 No. - 3686 of 2019 Applicant :- Santosh Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prashant Kumar Singh 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 of complaint case no.
246 of 2016, under sections 452, 323, 504, 506 IPC, P.S. Kalyanpur, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Kanpur Nagar, including summoning order dated 31.08.2018 passed in the aforesaid case.
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 31.08.2018, 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 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 :- 29.1.2019 Arvind