Court No. - 68
Case :- MATTERS UNDER ARTICLE 227 No. - 3201 of 2019 Petitioner :- Shyam Ji Respondent :- State Of U.P. And Another Counsel for Petitioner :- S Sengar Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Vakalatanama filed by Sri B.N. Singh on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the entire record.
This petition under Article 227 of the Constitution of India has been filed to stay the effect and operation of the impugned order dated 27.3.2019 passed by the learned Judicial Magistrate, Jalaun in Complaint Case No. 516 of 2018 (Pramod Kumar Vs. Satya Narain Pathak and others) under Sections 323, 504, 506 and 452 IPC, Police Station Sirsa Kalar, District Jalaun.
The contention of the learned counsel for the petitioner is that no offence against the petitioner 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 order dated 27.3.2019, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the petitioner 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 petitioner shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the petitioner moves an application as stated above within two weeks, no coercive action shall be taken against the petitioner till disposal of the said application.
Accordingly, the present petition is disposed of.
Order Date :- 26.4.2019 Manish Tripathi