Court No. - 12
Case :- APPLICATION U/S 482 No. - 42215 of 2018 Applicant :- Anil Kumar Niranjan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Vijay Singh Rathore has filed his vakalatnama on behalf of opposite party no. 2 today in Court, which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Vijay Singh Rathore, learned counsel for opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 2223 of 2018, arising out of Case Crime No. 564 of 2016, under Sections- 306, 406, 506, 120B I.P.C., Police Station-Kotwali Orai, District- Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun at Orai.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
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 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicants to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Considering the facts and circumstance of the case, the Court is of the view that it is always open for the applicants to move discharge application as provided under Code of Criminal Procedure. However, if any discharge application is moved by applicants, the court below shall consider and decide the same strictly in accordance with law.
This application is disposed of Order Date :- 30.11.2018 Arvind