Court No. - 15
Case :- APPLICATION U/S 482 No. - 36657 of 2017 Applicant :- Umais Ahmad Miya Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Omar Zamin,Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State and learned counsel appearing for the opposite party No. 2. Perused the record.
This application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of complaint case no. 1051 of 2016 (Pradeep Kumar Vs. Umais Ahmad Miya) under Section 138 N.I. Act, P.S. George Town, District Allahabad including summoning order dated 10.8.2016 passed by Additional Chief Judicial Magistrate, Court No. 7, Allahabad as well as non bailable warrant dated 23.8.2017 passed by A.C.J.M.-VIII, Allahabad.
The contention of the 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.
Learned A.G.A., for the State as well as learned counsel appearing for the opposite party No. 2, contended that there is no illegality or infirmity in the impugned orders.
From the perusal of material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant.
The prayer for quashing the impugned orders passed in the aforesaid case is refused.
Consequently, this application under Section 482 Cr.P.C., is dismissed. However, it is directed that if any amount is deposited by the applicant in the mediation centre, that amount shall be remitted in favour of applicant.
Order Date :- 29.11.2018 Jaswant