The Present 482 Cr.p.c. Application Has Been Filed Toquash The Summoning Order Dated 28.3.2019 As Well Asentire Proceedings In Complaint Case v. Ajay Kumar Agarwal), Under Section277 Of Income Tax Act, 1961 And 181 Ipc, Pending In Thecourt Of Special C.j.m., Varanasi

Case :- APPLICATION U/S 482 No. - 23913 of 2019 Applicant :- Ajay Kumar AgarwalOpposite Party :- State Of U.P. And AnotherCounsel for Applicant :- Ashish Bansal,Shishir PrakashCounsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learnedA.G.A. for the State. The present 482 Cr.P.C. application has been filed toquash the summoning order dated 28.3.2019 as well asentire proceedings in Complaint Case No. 736 of 2019(Union of India Vs. Ajay Kumar Agarwal), under Section277 of Income Tax Act, 1961 and 181 IPC, pending in thecourt of Special C.J.M., Varanasi. Submission that from the perusal of entire complaint, noprima facie cognizable offence under Section 277 ofIncome Tax Act and Section 181 IPC is made out againstthe applicant. No false statement was given by theapplicant rather he sought time to bring on record thecorrect facts. The proceedings against the applicantamount to abuse of process of Court. In view of the above, the applicant is permitted to movedischarge application through counsel before the trialcourt within one month from today and the trial court shalldecide the same within a period of two months from thedate of filing of application alongwith certified copy of thisorder. Till the discharge application is decided, no coercivemeasures shall be taken against the applicant. With the aforesaid observations, this application isdisposed of. Order Date :- 28.6.2019Ruchi Agrahari