Court No. - 49 Case :- APPLICATION U/S 482 No. - 29985 of 2009 Petitioner :- Anoop Tiwari And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Sanjay Kr. Nigam Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present case has been placed before me, as it has been nominated by
Hon’ble The Chief Justice vide order dated 18.12.2009.
The present petition petition under Section 482 Cr.P.C., has been filed for
quashing theentire proceedings of Case No. 2383 of 2007, under Section 420
I.P.C., Police Station Kohna, District Kanpur Nagar, pending before learned
Metropolitan Magistrate, Ist, Kanpur Nagar as well as for quashing the
orderdated 29.08.2009, whereby discharge application filed by the applicants
has been rejected.
It is contended that as a matter of settlement, two cheques of Rs. 25,000/-
each was issued to the opposite party no.2 by the applicant no.2 on the
undertaking that no further proceedings would be drawn against the applicants
for the accident which has been taken place on 30.04.2007. It is further
contended that even after that the F.I.R. was lodged, therefore, the applicant
directed the concerned bank to stop payment of the cheque to the opposite
party no.2, pursuant to which the present criminal prosecution has been
initiated against the applicants, which is bad in law. It is next contended that
no offence under the charged Sections is made out against the applicants.
Learned counsel for the applicants could not point out any legal infirmity in
the order impugned which may warrant any interference by this Court.
Accordingly, the prayer for quashing the proceedings as well as order dated
18.12.2009 is hereby refused.
The present petition is finally disposed of with a direction that unless any
cogent evidence is collected against the applicants, no coercive action against
the applicants shall be taken. It is further expected that the Court below will
consider and decide the pending proceedings as expeditiously as possible, in
accordance with law, after hearing the concerned parties.
Order Date :- 25.1.2010
S.Ali