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Tahir vs State Of U.P. And Another on 11 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- APPLICATION U/S 482 No. – 37754 of 2019

Applicant :- Tahir

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajay Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

By way of the instant application, the applicant has sought for quashment of the summoning order dated 11.09.2018 as well as entire proceedings of Complaint Case No. 2472 of 2017, Smt. Rukhsar Versus Tahir and others, Under Section 406 I.P.C. Police Station – Murad Nagar, District – Ghaziabad, pending in the court of Learned VI Additional Chief Judicial Magistrate, Ghazibad, whereby applicant no. 1 has summoned Under Section 406 I.P.C. while applicant no. 2 to 4 have summoned Under Section 498-A, Section323, Section504, Section506, Section452, Section120-B I.P.C. Section 3/4 D.P. Act, Police Station – Murad Nagar, District – Ghaziabad.

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.

The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239, Section245(2) 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 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 one month from today, 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 :- 11.11.2019

Sachin

 

 

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