Court No. - 55
Case :- APPLICATION U/S 482 No. - 46460 of 2018 Applicant :- Anuj Kumar Yadav And Anothers Opposite Party :- State Of U.P. And An Others Counsel for Applicant :- Vimal Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of case no. 142 of 2017, under sections 323, 452, 504, 506, 354 IPC and 3(1)D SC/ST Act, pending in the court of Special Additional District and Sessions Judge (SC/ST Act), Kannauj, including summoning order dated 29.03.2018 passed in the aforesaid case.
The contention of the learned counsel for the applicants is that applicant no. 1 is residing at Kaswa Chhibramau, Kannauj and applicant no. 2 is residing at Noida. He further submits that in the complaint as well as statement recorded under section 200 Cr.P.C., there is no allegation against the applicants under section 354 I.P.C. He further submits that just to implicate the whole family, the present complaint has been filed. He further submits that no offence against the applicant 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 summoning order dated 29.03.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears through counsel and moves 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 applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Accordingly, the present application is disposed of.
Order Date :- 19.12.2018 Arvind