Court No. - 79
Case :- APPLICATION U/S 482 No. - 43019 of 2019 Applicant :- Bhoora Urf Irshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned AGA.
The applicants, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that order dated 17.7.2019 passed by Addl. District Judge/Special Judge, court no. 1 (Prevention of Corruption Act, Meerut) in Criminal Case no. 443 of 2016, arising out of Case Crime no. 456 of 2015, under Sections 323, 504 and 506 I.P.C., PS.. Mawana, district-Meerut, pending in the court of Judicial Magistrate-Ist, Mawana, Meerut as well as further proceedings be quashed.
It is contended by the learned counsel for the applicants that the proceedings under Sections 452, 324, 504, 307 and 506 I.P.C. have been initiated against the son of the opposite party no. 2 by way of lodging the F.I.R. in case crime no. 441 of 2015, P.S. Mawana, District-Meerut. In its counter blast the present complaint has been filed which is based on false and frivolous allegations. Therefore, the proceedings pending against the applicants may be quashed.
In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicants before the court concerned by way of moving application under section 245(2) Cr.P.C.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned AGA, it is directed that in case the applicants move an application raising all the grievance under section 245(2) Cr.P.C. before the court concerned within two weeks from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 28.11.2019/Faridul.