Court No. - 73
Case :- APPLICATION U/S 482 No. - 7654 of 2019 Applicant :- Vijay Kumar Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,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 entire proceeding of Criminal Case /S.T. No.432 of 2016 (State Vs. Vijay Kumar Tiwari) arising out of Case Crime No.162 of 2016, under sections 323, 504, 506 IPC & 3(1)X SC/ST Act, Police Station- Tarya Sujan, District- Kushinagar, as well as cognizance order dated 27.05.2016, pending in the court of A.D.J II, Kushinagar.
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 including cognizance order dated 27.05.2016, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and moves an appropriate application for discharge under section 239 Cr.P.C. through counsel 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
Accordingly, the present application is disposed of.
Order Date :- 28.2.2019 Junaid