Court No. - 52
Case :- APPLICATION U/S 482 No. - 8056 of 2003 Applicant :- Shahid Ali Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- Govt. Advocate
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and the learned A.G.A.
Learned counsel for the parties are ad idem that the issues raised in this application shall stand governed by the order of the Court dated 9 November 2017 passed in Application U/s 482 No. 6299 of 2003 (Tariq Ahmad Vs. State of U.P. and Another). The said application was disposed of in the following terms:
"Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Complaint Case No. 4912 of 2002 under Sections 420, 406, 504, 506 I.P.C., Police Station Kotwali Sadar, District Deoria pending before learned Chief Judicial Magistrate, Deoria.
It has been averred in the present application under Section 482 Cr.P.C., that the opposite party no.2 had filed the instant complaint has been filed against the applicant and another accused person namely, Shahid Ali wherein it has been alleged that applicant is running business of Coal and on the assurance of the co-accused Shahid Ali, cheque was given to the said Shahid Ali to the tune of Rs. 20,000/- for supplying coal but the same has not provided.
Vide earlier order of this Court dated 07.08.2003, notices were issued to the opposite party no.2 and office report dated 09.09.2003 shows that the notice issued to the opposite party no.2 has been returned after service upon the opposite party no.2, inspite of same none appears on behalf of the opposite party no.2.
After hearing the learned A.G.A. and after perusing the averments made in the present application, this Court is of the opinion, that no useful purpose would be served in keeping the petition pending which is finally disposed of with the direction that in case, the applicant moves an appropriate application for discharge under the relevant provisions of the Code of Criminal Procedure, before the concerned Court below within a period of two month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of six months, thereafter.
For a period of eight months from today or till the disposal of the discharge application whichever, is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
It is made clear that if the aforesaid application is not filed within the time stipulated by this Court, the protection granted by this Court shall automatically stands vacated.
Interim order,if any, stands vacated.
The interim protection granted by this Court shall stands vacated. With the aforesaid directions, this application is finally disposed off."
Accordingly, this application shall also stand disposed of on similar terms.
Order Date :- 26.7.2018 Arun K. Singh (Yashwant Varma, J.)