HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 39653 of 2019 Applicant :- [ENTITY] Opposite Party :- State of U.P. and Another Counsel for Applicant :- [ENTITY] Counsel for Opposite Party :- G.A. Hon'ble [ENTITY],J.
Heard Sri [ENTITY], Senior Advocate assisted by Sri [ENTITY], learned counsel for the applicant, learned counsel on behalf of opposite party no. 2 and Sri [ENTITY], learned A.G.A.-I for the State.
The present 482 [ACT] petition has been filed for quashing the entire criminal proceedings of [PRECEDENT] arising out of [CASE NUMBER], under [SECTION], [SECTION], [SECTION], [SECTION] [ACT] and [SECTION] of [ACT], Police Station Rura, District Kanpur Dehat (Ramabai Nagar) pending in the court of Additional District Judge, Court No. 1 Kanpur Dehat (Ramabai Nagar) as well as charge sheet No. 230 of 2018 dated 11.08.2018.
The contention of 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.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under [SECTION] [ACT]. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of [PRECEDENT], [PRECEDENT], [PRECEDENT] and lastly [PRECEDENT] The disputed defence of the accused cannot be considered at this stage.
Considering 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.
Moreover, the applicant have got a right of discharge under [SECTION] or [SECTION] [ACT]. as the case may be through proper application and they are free to take all the submissions in the said discharge application before the trial court.
Learned counsel for the applicants submit that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move an appropriate application for discharge before the court below within two weeks from today the same 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.
If 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 four months from today, whichever is earlier.
With the above observations/directions, present application is finally disposed of.
Order Date :- 5.11.2019 Arti