Kapil Chauhan @ Kapil Singh Vs State of U.P. and Another

Court No. - 55

Case :- APPLICATION U/S 482 No. - 37446 of 2018

Applicant :- Kapil Chauhan @ Kapil Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.

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This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding of case including summoning order dated 05.08.2017 arising out of complaint case no.64 of 2017, under Sections 498-A, 323 and 506 I.P.C. and 3/4 of D.P.Act, P.S. Mahila Thana, District Bijnor pending in the court of Additional Civil Judge (Senior Division)/A.C.J.M.I, Bijnor.

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The contention of the 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.

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Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including order dated 05.08.2017, therefore, the prayer for quashing the same is hereby refused.

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Accordingly, the present application is dismissed.

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However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.

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If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.

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Order Date :- 29.11.2018

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Asha

Kapil Chauhan @ Kapil Singh v. State of U.P. and Another

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Kapil Chauhan @ Kapil Singh v. State of U.P. and Another

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