Smt Indrawati and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39691 of 2023 Applicant :- Smt Indrawati And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants 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 cognizance order dated 12.1.2023, charge sheet dated 6.9.2022 as well as entire proceeding of criminal case no. 25 of 2023 (State vs. Indrawati and others), arising out of case crime No. 198 of 2021 under sections 420, 467, 468, 471 IPC, Police Station-Bisalpur, District-Pilibhit, pending in the court of Judicial Magistrate, Bisalpur, Pilibhit.

¶3The contention of the learned counsel for the applicants 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 12.1.2023, charge sheet dated 6.9.2022, 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 239 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 four months from today, whichever is earlier.

¶8Accordingly, the present application is disposed of. Order Date :- 23.11.2023 Junaid High Court of Judicature at Allahabad