Court No. - 86
Case :- APPLICATION U/S 482 No. - 2316 of 2019 Applicant :- Asheesh Chauhan And 2 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Vikas Sharma,Ajay Kumar Pathak,Garun Pal Singh Counsel for Opposite Party :- G.A.,Ravindra Kumar
Hon'ble Ali Zamin,J.
Heard Sri Vikas Sharma, learned counsel for the applicants, Sri Ravindra Kumar, learned counsel for the respondents no.2 and 3 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 criminal proceeding of case including chargesheet No.543 of 2018 dated 02.10.2018 as well as cognizance order dated 16.11.2018 in Case No.1835 of 2018, arising out of Case Crime no.0378 of 2018, under Sections 376 I.P.C. and Section 3/4 of D.P. Act against the applicant no.1 and Section 3/4 of Dowry Prohibition Act against applicant nos.2 and 3, P.S. Sasni Kotwali, District Hathras.
The contention of the 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 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 chargesheet dated 02.10.2018 and cognizance order dated 16.11.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and move an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within one month from the date of receipt of a certified copy of this order then the application of the applicants shall be considered and decided expeditiously in accordance with law.
If the applicants move an application as stated above within one month, no coercive action shall be taken against the applicants till disposal of the said application.
The present application is disposed of. Order Date :- 27.9.2019 Asha