Ram Ratan Sankhwar vs State Of U.P. And Another
2014 Latest Caselaw 4760 ALL

Citation : 2014 Latest Caselaw 4760 ALL
Judgement Date : 21 August, 2014

Allahabad High Court

Ram Ratan Sankhwar vs State Of U.P. And Another on 21 August, 2014

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 32862 of 2014
 

 
Applicant :- Ram Ratan Sankhwar
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pushkar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vipin Sinha,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 quashing the criminal proceeding of criminal case no. 3592 of 2009 arising out of case crime no. 370 of 2000; State Vs. Ramesh Chandra Dixit and others, U/s 408, 409, 467, 468, 471, 120B IPC, P.S. Kotwali, District Kanpur Nagar pending in the court of Special CJM, Kanpur Nagar.

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 or 227/228 Cr.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 through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action (including NBW and proceeding u/s 82 Cr.P.C.) shall be taken against the applicant in the aforesaid case.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 21.8.2014