Abhay v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42172 of 2023 Applicant :- Abhay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lokendra Pratap Singh,Ashutosh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 25.08.2022 passed by the Additional Chief Judicial Magistrate, Court No.17, Etah as well as entire proceeding of Case No.8757 of 2020 (Khacherpal vs. Radhey Shyam and others), under Sections 452, 354 and 323 IPC-Police Station-Pilua, District-Etah.

¶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 cognizance order dated 25.08.2022, 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 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.

¶7If 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 three months from today, whichever is earlier.

¶8Accordingly, the present application is disposed of. Order Date :- 17.11.2023 Amit/- High Court of Judicature at Allahabad