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Abdul Kalam vs The State Of U.P And Anr. on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 27

Case :- U/S 482/378/407 No. – 648 of 2014

Applicant :- Abdul Kalam

Opposite Party :- The State Of U.P And Anr.

Counsel for Applicant :- Rohit Singh Parmar,Mayank Pandey,Ram Singh

Counsel for Opposite Party :- Govt. Advocate,Aatreya Tripathi

Hon’ble Rajendra Kumar-IV,J.

Heard Sri Ram Singh, learned Counsel for applicant, Sri Anurag Verma, learned AGA for State, Sri Aatreya Tripathi, learned Counsel for opposite party no.2 and perused the record carefully.

Application under Section 482 Cr.P.C., has been moved by applicant for quashing the summoning order dated 22.08.2012 as well as entire proceeding of case no.2258 of 2012 arising out of crime no.587 of 2011, under Section 406 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar pending in the Court of Chief Judicial Magistrate, Ambedkar Nagar.

It is submitted by learned counsel for the applicant that no offence against the applicants is made out. He has been falsely implicated in the present case for harassment and humiliation due to enmity. He further contended that there was no evidence against the applicant, therefore, entire proceeding in lower court is liable to be quashed.

Apart from that argument, learned counsel for the applicant submits that applicant to apply for discharge and they may be permitted to file application under appropriate Section of Criminal Procedure Code.

Per contra, learned AGA as well as Counsel for opposite party no.2 opposed the prayer for quashing of proceedings but have no objection to the second part of prayer.

No comment on the merit of the case. It is provided that if the applicant moves an appropriate application through counsel or in person within a period of two month from today, the Trial Court consider and dispose of on merit within a further period of three months without granting unnecessary adjournment in the matter. Trial Court shall consider all the stands taken by applicant according to law and pass reasoned and speaking order on the application.

Till disposal of application moved by applicant, no coercive action shall be taken against the applicant.

It is also made clear that if the application is not moved by the applicant within two months, Trial Court shall be at liberty to proceed the trial against the applicant in accordance with law.

With the aforesaid observation and direction, the present application under Section 482 Cr.P.C. is hereby disposed of.

Order Date :- 26.7.2019

I.A. Siddiqui

 

 

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