Court No. - 68
Case :- APPLICATION U/S 482 No. - 16562 of 2019 Applicant :- Shami Alias Shamiuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,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 order dated 25.02.2019 passed by VIIth Additional Sessions Judge, Bareilly in criminal Revision No. 503 of 2018 (Sami alias Samiuddin Vs. State of U.P. and another) and also the impugned order dated 27.09.2016 passed by Judicial Magistrate, Faridpur, District Bareilly in complaint case no. 142 of 2016 (Haseen Be Vs. Nafees Mohammad and others) under section 406 IPC, P.S. Faridpur, District Bareilly, pending in the court of Judicial Magistrate, Faridpur, District Bareilly.
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 of the complaint case including orders dated 25.02.2019 and 27.09.2016, 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 :- 26.4.2019 Prajapati [Chandra Dhari Singh, J]