Ijhar vs State Of U.P. & Another
2015 Latest Caselaw 751 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- APPLICATION U/S 482 No. - 15407 of 2015
 

 
Applicant :- Ijhar
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- A.P. Tewari,S.S. Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,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 entire proceedings of Criminal Case No. 37 of 2014, under Section 3(I), U.P.Gangsters and Anti Social Activities (Prevention Act, 1986), Police Station Tiwaripur, District Gorakhpur.

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 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.

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 45 days 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 shall be taken against the applicant in the aforesaid case.

In case no such application is filed within a period of 45 days from today, as prescribed above, the present order shall stand automatically vacated.

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

Order Date :- 28.5.2015

Ashish Pd.