Rajan Kesharwani vs State Of U.P. And Another
2019 Latest Caselaw 446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 7843 of 2019
 

 
Applicant :- Rajan Kesharwani
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Jagadish Prasad Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,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 charge sheet no. 93/16 dated 10.6.2016 as well as cognizance order dated 11.8.2017 as well as entire proceeding of case no. 561/2017 (State Vs. Shiv Baran and others) arising out of Case Crime No. 266 of 2015, u/s 419, 420 IPC, P.S. Phoolpur, District Allahabad pending in the court of A.C.J.M., Court No. 7, Allahabad.

The contention of the counsel for the applicants 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 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 off.

Order Date :- 5.3.2019

Masarrat