Court No. - 55
Case :- APPLICATION U/S 482 No. - 46118 of 2018 Applicant :- Chhatthu Prasad And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hanuman Deen Verma 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 proceedings of Complaint Case No. 505 of 2017 (Shahid Ali Vs. Chhatthu Prasad and others), under Sections 147, 452, 323, 504 and 506 I.P.C., Police Station Dhanghata, District Sant Kabir Nagar as well as summoning order dated 29.03.2018 passed by J.M. Sant Kabir Nagar.
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 summoning order dated 29.03.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and moves an appropriate application for discharge under section 245(2) 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 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 Rmk.