Court No. - 68
Case :- APPLICATION U/S 482 No. - 22053 of 2019 Applicant :- Atul Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama filed today by Sri Nikhil Kumar, Advocate on behalf of opposite party No. 2 is taken on record.
Heard learned counsel for the applicants, learned A. G. A., for the State and learned counsel for the opposite party No. 2.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 7.9.2017 passed by Additional Chief Judicial Magistrate, Court No. 9, Varanasi as well as proceedings of Complaint Case No. 2352 of 2017 (Jairam Vs. Atul Gupta and others) under Sections 406, 504, 506 IPC, Police Station Cantt, District Varanasi pending in the court of Additional Chief Judicial Magistrate, Court No. 11, Varanasi.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., as well as learned counsel for the opposite party No. 2 contended that against the same summoning order, co-accused Saurabh Rai has filed Application U/s 482 Cr.P.C. No. 7815 of 2019 (Saurabh Rai Vs. State of U.P. and another). By the order dated 29.3.2019, the prayer for quashing the proceedings of Complaint Case No. 2352 of 2017 under Sections 406, 504, 506 IPC, Police Station Cantt., District Varanasi was refused.
In such view of the matter, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, it is directed that in case the applicants surrender and apply for bail, their prayer for bail shall be decided by the trial court according to law.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 31.5.2019 Jaswant