ASHISH KUMAR DWIVEDI AREA SALES MANAGER v. STATE OF U.P.AND ANOTHER
A482/42253/2024 · 2025-09-03
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 42253 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Supplementary affidavit filed by learned counsel for the applicant, is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and quash the summoning order dated 09.09.2019 passed by the Civil Judge (Senior Division)-Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar in Complaint Case No. 179 of 2019 (Gyanendra Kumar Bhardwaj vs. Cholamandalam and others) under Sections 323, 504, 506 IPC pending in the Court of Civil Judge (Senior Division)-Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar as well as the entire proceedings of the Case No. 179 of 2019 (Gyanendra Kumar Bhardwaj vs. Cholamandalam and others) under sections 323, 504, 506 IPC pending in the Court of Civil Judge (Senior Division)-Fast Track Court/Additional Chief Judicial Magistrate, Gautam Budh Nagar. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to Versus Counsel for Applicant(s) : Ram Chandra, Ratan Kumar Tandon Counsel for Opposite Party(s) : G.A. Ashish Kumar Dwivedi Area Sales Manager .....Applicant(s) State Of U.P.And Another .....Opposite Party(s)
secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. With the aforesaid direction, this application is disposed of.
September 4, 2025 Puspendra A482 No. 42253 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad