Mukund Bind Alias Suryabali v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39913 of 2023 Applicant :- Mukund Bind Alias Suryabali Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyendra Narayan Singh,Vikas Singh Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for applicant, learned A.G.A. for State and learned counsel for opposite party No.2.

¶2This application under Section 482 Cr.P.C. has been filed seeking quashing the charge-sheet No.129 of 2018 dated

28.03.2018, summoning order dated 11.02.2019 as well as entire proceedings of Case No.938 of 2019 (State vs. Mukund Bind @ Suryabali) arising out of Case Crime No.117 of 2018, under sections 135 (1) E of the Electricity Act, Police Station Handia, District-Allahabad.

¶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, therefore, the prayer for quashing the same is hereby refused.

¶5At this stage, learned counsel for the applicants 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 appear and move an appropriate application for discharge under section 227 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 applicants 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 move 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 :- 24.11.2023 Amit/- High Court of Judicature at Allahabad