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2014 DIGILAW 3305 (ALL)

Yogendra Singh Chauhan v. State of U. P.

2014-11-07

VIJAY PRAKASH PATHAK

body2014
JUDGMENT Hon'ble Vijay Prakash Pathak, J. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. Present application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 21.03.2014 passed by Additional Chief Metropolitan Magistrate Ist, Kanpur Nagar in complaint case no.2228 of 2012 (Smt. Vhivkali Vs. Yogendra Singh), under Section 420 IPC, Police Station Naubasta, District Kanpur Nagar. 3. Learned counsel for the applicant has mainly contended that this matter relates to purely civil in nature in respect of agreement to sale, in which the opposite party no.2 herself did not comply with the conditions of the agreement and has illegally taken possession of the property in question and filed this complaint on a concocted story. 4. On the other hand, learned AGA has submitted that the contentions as raised by the learned counsel for the applicant may be raised before the trial court by moving a discharge application u/s 245(2) Cr.P.C. 5. Considering the entire facts and circumstances of the case and all other materials available on record, it is provided that the applicant may move an application u/s 245(2) Cr.P.C. for his discharge through his counsel before the learned court below within a period of three weeks from today and if the said discharge application is moved by the applicant within stipulated time as stated above, the same shall be considered and disposed of by the learned court below within two months thereafter by a reasoned order in accordance with law after considering the entire materials on record. 6. For a period of three months or till the disposal of the said application u/s 245(2) Cr.P.C., whichever is earlier, no coercive action shall be taken against the applicant. With the aforesaid direction, the application is finally disposed of.