The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The court directed expeditious disposal of a discharge application and stayed coercive action for four months without granting quashing.
Direction for expeditious hearing of discharge application; stay of coercive action for four months.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 12800 of 2022
Applicant :- Dhyan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned charge sheet dated 19.12.2020, cognizance order dated 15.02.2021 as well as entire proceeding of Case No. 2580/2021 (State Vs. Sunder and others) as Case Crime No. 49/2019, under Sections 420, 406, 343, 346, 506 I.P.C., P.S.- Inchauli, District- Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Meerut.
Learned counsel for the applicant contended that applicant is relative of Himani @ Deepa. There is no role of the applicant in the entire incidence. Applicant has not taken any amount from the complainant. There is no prima facie case against the applicant for trial. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant is false and fabricated. The applicant is innocent and he has not committed any offence.
The application is, therefore, disposed of with the direction that if the applicant moves discharge application before the court concerned within one month from today, same shall be heard and decided expeditiously by the courts below in accordance with law within three months.
Only till the period of four months, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 14.7.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.15 14:12:20 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to exercise inherent power under Section 482 Cr.P.C. to quash charge sheet and proceedings alleged to be mala fide.
Whether to direct expeditious hearing of a discharge application while staying coercive action for a specific period.
1 provisions across 1 enactments
Dhyan Singh
State of U.P.
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
