Sachin Kumar v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 29886 of 2023 Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Mohan Kant Baghel Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for applicant and the learned A.G.A. for State.

¶2By means of instant application under Section 482 Cr.P.C, the applicants seeks to quash the summoning order dated 13.09.2022 including the entire proceeding of Complaint Case No. 4562 of 2022 (Shashi Singh v. Nitin @ Ashu), under sections 420, 468 IPC, Police Station Kotwali Nagar, District Etah, pending in the court of C.J.M., Etah and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3The 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.

¶4Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including summoning order dated 13.09.2022, therefore, the prayer for quashing the same is hereby refused.

¶5At 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.

¶6Considering 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 245(2) Cr.P.C. through counsel before the court below within four 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 two months from the date of filing of discharge application in accordance with law.

¶7Accordingly, the present application is disposed of.

¶8For a period of four weeks, no coercive action shall be taken against the applicants. Order Date :- 27.10.2023 Shiv High Court of Judicature at Allahabad