Court No. - 55
Case :- APPLICATION U/S 482 No. - 46967 of 2018 Applicant :- Brijmohan And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants 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 the impugned summoning order dated 09.10.2017 passed by the Judicial Magistrate, Court No.11, Deoria in Complaint Case No.1699 of 2017, under sections 147, 323, 379, 427, 504, 506 IPC in pursuance the application dated 19.10.2016 filed by the complainant/opposite party no.2 under Section 156(3) Cr.P.C., Police Station-Bhatni District-Deoria.
The contention of the learned counsel for the applicants is 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 09.10.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear through counsel and move 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 applicants shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicants move an application as stated above within two weeks, no coercive action shall be taken against the applicants till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 21.12.2018 Junaid