Court No. - 48
Case :- APPLICATION U/S 482 No. - 6548 of 2019 Applicant :- Ajay Kumar And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Moti Lal Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present criminal misc. application has been filed by the applicants for quashing the order dated 11.01.2019 passed by the Additional Chief Judicial Magistrate, IInd, Jaunpur in Complaint Case No. 156 of 2017 (Ranjana Vs. Ajay and others) under Section 498A I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Jaunpur and to direct the Additional Chief Judicial Magistrate, IInd, Jaunpur to consider and decide the application for discharge under section 245(2) Cr. P.C. in accordance with law in Complaint Case No. 156 of 2017 (Ranjana Vs. Ajay and others) under Section 498A I.P.C. and 3/4 D.P. Act, Police Station Kotwali, District Jaunpur, which is pending in the court of Additional Chief Judicial Magistrate, IInd, Jaunpur.
It has been contended by the learned counsel for the applicants that pursuant to the order dated 28.11.2018, they had moved discharge application, in which date was fixed 11.01.2019. It is further contended that on account of some problems, they could not appear before the court below on the date fixed. Thereafter, applicant no.1 filed adjournment application on 11.01.2019 in complaint Case no. 156 of 2017 and learned A.C.J.M. IInd, Jaunpur illegally rejected the adjournment application and issued non bailable warrant against the applicants.
The contention of the learned for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purpose of harassment. He pointed out certain documents and statement in support of his contention.
All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage only a prima facie case is to be seen.
The prayer for quashing the order impugned is refused. However, it is provided that if the applicants surrender before the court below within a period of 30 days from today along with an application for recall of the order of NBW, their application shall be considered and disposed of, if possible, on the same day. Till the disposal of discharge application, whichever is earlier, no coercive action be taken against the applicants.
It is made clear that in case the applicants do not appear before the court below within a period of 30 days from today, the present order shall stand automatically vacated.
With the asforesaid directions, this application is finally disposed off.
Order Date :- 22.2.2019 T.S.