Court No. - 80
Case :- APPLICATION U/S 482 No. - 19102 of 2020 Applicant :- Akshaibar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the impugned summoning order dated 30.03.2019 passed by A.C.J.M., Court No.7, Varanasi as well as entire proceedings of Criminal Complaint Case No. 199 of 2019, under Section 427, 504, 506, 379 of IPC, Police Station Badagaon, District Varanasi.
It has been argued by learned counsel for applicants that both the parties belong to one and same family and that the impugned complaint has been filed making false and baseless allegations. It was submitted that regarding same incident both the parties were challaned under Sections 107 and 116 Cr.P.C. and after that the impugned complaint was filed making false and baseless allegation. It was further submitted that no prima facie case is made out against applicants and the impugned proceedings are liable to be quashed. Alternatively it was prayed that applicants may be granted an opportunity seeking discharge from the court below.
Learned A.G.A. has opposed the application and argued that in view of the allegations made in the complaint and material collected during investigation, it cannot be said that no prima facie, case is made out against the applicants.
The submissions made by learned counsel for applicants relate to disputed questions of fact. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
The prayer, as made above, is hereby refused.
However, it is directed that in case, applicants move an appropriate application for discharge before the court below within a period of one month from today, the same shall be considered and decided by the court below expeditiously, preferably within a period of two months thereafter, in accordance with law.
For a period of one month from today and in case, the application for discharge is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.1.2021 Mohit