Allahabad High Court
Gaurav Wats vs State Of U.P. And Another on 12 March, 2021
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 5551 of 2021 Applicant :- Gaurav Wats Opposite Party :- State of U.P. and Another Counsel for Applicant :- C.D.Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of Special Case No. 1014 of 2020 (State Vs. Gaurav Wats and others), arising out of Case Crime No. 2 of 2019, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kutubsher, District Saharanpur, pending in the court of learned Special Judge (Gangsters Act)/Additional Sessions Judge, Court No. 8, Sharanpur including chrge sheet dated 25.08.2020.
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.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including charge sheet dated 25.08.2020, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicant submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicant and in view of the entirety of facts and circumstances of the case, it is provided that if the applicant appears and moves an appropriate application for discharge under section 239 Cr.P.C. through counsel 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicant moves an application as stated above within two weeks from today, no coercive action shall be taken against the applicant till disposal of the said application or four months from today, whichever is earlier.
Accordingly, the present application is disposed of.
Order Date :- 12.3.2021 Rmk.