Court No. - 73
Case :- APPLICATION U/S 482 No. - 3692 of 2019 Applicant :- Chandrapal And 8 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mrityunjay Dwivedi 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 entire criminal proceedings as well as impugned Charge Sheet dated 15.03.2018 submitted by I.O. of Crime No. 0338 of 2017, under Sections 147, 323, 506, 427 I.P.C., Police Station Palimukeempur, District Aligarh, pending in the court of J.M., Atrauli, cognizance order dated 14.11.2018.
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 entire proceedings and cognizance order dated 14.11.2018, 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 239 Cr.P.C. through counsel 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or four months from today whichever is earlier.
Accordingly, the present application is disposed of.
Order Date :- 29.1.2019 Rmk.