Ram Naresh vs State Of U.P.& Another
2013 Latest Caselaw 7373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 44979 of 2013
 

 
Applicant :- Ram Naresh
 
Opposite Party :- State Of U.P.& Another
 
Counsel for Applicant :- Brahma Nand Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned AGA.

The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that the prosecution of the applicant in Case Crime No. 8 of 2013, under Sections 419 and 420 IPC, Police Station Belghat, District Gorakhpur be quashed.

Learned counsel for the applicant submitted that the impugned complaint has been filed by the opposite party no.2 containing absolutely false and frivolous allegations with the ulterior intention of harassing the applicant and although no offence against the applicant is disclosed from the material on record and the charge against the applicant is groundless, yet the court below has summoned the applicant in a mechanical manner.

He further submitted that since the prosecution of the applicant is manifestly attended with mala fides the same is liable to be quashed.

In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicant before the court concerned by moving an application for discharge through counsel.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and the learned AGA, it is directed that in case the applicant move an application for discharge through counsel before the court concerned, through his counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicant.

With the above direction, this application is finally disposed of.

Order Date :- 10.12.2013

Abhishek Sri.