Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 522 of 2019 Petitioner :- Amol Agrawal And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the entire record.
This writ petition under Article 227 of the Constitution of India has been filed seeking quashing of the summoning order dated 23.03.2017 passed by Additional Chief Judicial Magistrate, Court No.4, Mathura and impugned order dated 15.10.2018 passed by Additional Sessions Judge, in complaint case no. 328 of 2013 and case no. 173 of 2017, under section 420 IPC, P.S. Highway, District Mathura.
The contention of the learned counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including order dated 15.10.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the petitioners appear and move an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the petitioners shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the petitioners move an application as stated above within two weeks, no coercive action shall be taken against the petitioners till disposal of the said application.
Accordingly, the present petition is disposed of.
Order Date :- 25.1.2019 Prajapati [Chandra Dhari Singh, J]