HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 73
Case :- APPLICATION U/S 482 No. – 39416 of 2019
Applicant :- Shiksha @ Chinu
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jitendra Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashment of the summoning order dated 01.02.2019 passed by the Additional Chief Judicial Magistrate, Agra, in Complaint Case No.1231 of 2017, Gaurav Sharma Vs. Shiksha @ Chinu and another under Section 406 I.P.C., Police Station Atmatadaula, District Agra, pending in the court of the Additional Chief Judicial Magistrate, Agra.
The contention of the 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.
Learned A.G.A. has contended that the disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 SectionCr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case the applicant moves an appropriate application for discharge either personally or through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned court below.
For a period of two months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.11.2019