Chanki 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 41383 of 2023 Applicant :- Chanki 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Bharti 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 and perused the entire record.

¶2This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 20.04.2023 passed by C.J.M., Baghpat in complaint case no. 2196 of 2017 (Munesh Vs. Chanki and others), under sections 324, 506 IPC, P.S. Baghpat, District Baghpat.

¶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 20.04.2023, 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 :- 21.11.2023 Arvind High Court of Judicature at Allahabad