Court No. - 48
Case :- APPLICATION U/S 482 No. - 4516 of 2005 Applicant :- Arun Kumar Dubey And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.C. Srivastava Counsel for Opposite Party :- Government Advocate,Ram Gopal Tripathi
Hon'ble Siddharth,J.
Heard Sri P.C. Srivastava, learned counsel for the applicants, learned A.G.A. for the State and Sri Ram Gopal Tripathi, learned counsel for respondent No.2.
The present 482 Cr.P.C. application has been filed to quash the order dated 3.6.2004 and 10.8.2004 as well as the entire proceedings in Complaint Case No. 41 of 2004, under Sections- 392 IPC, pending in the court of A.C.J.M., Court No.16, Gorakhpur.
Learned counsel for the applicants has submitted that complaint registered against the applicants was by way of malicious prosecution. Earlier the opposite party No.2 has implicated the applicants under Section 498-A, 323, 506 IPC and 3/4 D.P. Act. The recovery of alleged car was made from the open place and not from the possession of the applicants. The applicants are residing at Bankokand and they have been summoned by the court below.
Sri Ram Gopal Tripathi, learned counsel for respondent No.2 has opposed the aforesaid arguments on the ground that the summoning order has correctly passed by the court below.
In that view of above submissions, the applicant is permitted to move discharge application through counsel before the trial court.
With the aforesaid observations, this application is disposed of.
Order Date :- 26.4.2019 Ruchi Agrahari