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Suresh Kumar Tanwar vs State Of U.P. Thru.Prin.Secy. Home And ... on 18 January, 2024

9. In rebuttal, learned counsel for the applicant has relied on the order of the Division Bench of date 16.01.2023 passed in Contempt Application (Criminal) No.8 of 2022, highlighting that co-accused Balbir Singh Pundir had already been discharged by the Division Bench in contempt proceedings and by passing order dated 16.01.2023 the Division Bench has noted that affidavit in the 482 application was filed by Balibir Singh Pundir and also that inadvertently wrong bank-account numbers were typed in the affidavit which resulted into inconvenience caused to the Court and after getting knowledge of true facts the contempt Court has discharged notices issued against the applicant also and, thus, the proceedings with regard to initiation of criminal proceeding against the applicant may not be read against him as the contempt notice has been discharged by a competent Court and that order has not been challenged in any higher forum. Learned counsel for the applicant has also relied upon the observations made by the coordinate Bench of this Court while passing order dated 31.07.2023 in Criminal Misc. Anticipatory Bail Application U/s 438 CrPC No.57 of 2023 (Vijay Pal Prajapati Vs. State of U.P.) wherein it has been opined that now a practice has developed to set the criminal law into motion for putting pressure on the parties of commercial transactions.
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