Court No. - 55
Case :- APPLICATION U/S 482 No. - 46470 of 2018 Applicant :- Vinod Kumar Agarwal And An Other Opposite Party :- State Of U.P. And An Other Counsel for Applicant :- Virpratap Singh,Rajat Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants 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 the impugned summoning order dated 17.10.2018 passed by Judicial Magistrate, Moradabad in Complaint Case No. 12731 of 2017 (Neeraj Agarwal Vs. Vinod Kumar Agarwal and others), under Sections 452, 506 I.P.C., Police Station Nagfani, District Moradabad, pending in the court of Judicial Magistrate, Moradabad.
The contention of the learned counsel for the applicant is that no offence against the applicants 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 summoning order dated 17.10.2018, 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. 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 applicants 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 applicants till disposal of the said application.
Accordingly, the present application is disposed of.
Order Date :- 19.12.2018 Rmk.