Court No. - 42
Case :- APPLICATION U/S 482 No. - 23328 of 2019 Applicant :- Veer Pal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceeding of complaint case no. 26 of 2018 under sections 452, 376, 506 I.P.C. (Smt. Neetu Vs. Veer pal Singh and others) P.S. Gunnaur District Sambhal pending in the court of Civil Judge (Sr. Div.)/Additional Chief Judicial Magistrate, Sambhal at Chandausi.
The contention of 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.
From the perusal of the 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 proceeding is refused.
In case the applicant appears and surrenders before the court below within 45 days from today and apply for bail, his prayer for bail shall be considered and decided same day.
Till than no coercive action shall be taken against the applicant.
However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.6.2019 Atul kr. sri.