Court No. - 55
Case :- APPLICATION U/S 482 No. - 44308 of 2018
Applicant :- Yashwant Singh @ Sheru Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh 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.
The present 482 Cr.P.C. application has been filed to quash the order dated 6.7.2018 passed by A.C.J.M., Court No.1 Varanasi and proceeding of Complaint Case No.149 of 2017 (Mithilesh Singh Vs. Yashwant Singh), under Section 494 IPC, Police Station- Cholapur, District- Varanasi, pending in the Court of by A.C.J.M., Court No.1 Varanasi.
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 order dated 6.7.2018, 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. 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 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 applicant till disposal of the said application.
In case, the discharge application filed by the applicant is rejected then the Court below shall consider and decide the bail application of the applicant in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Accordingly, the present application is disposed of. Order Date :- 21.12.2018 Junaid