Court No. - 51
Case :- APPLICATION U/S 482 No. - 9788 of 2018 Applicant :- Dharmendra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceeding of case no. 1069 of 2017, Case Crime No. 458 of 2016, U/s 452, 323, 307, 325, 504 and 506 IPC, P.S. Pilkhunwa, District Hapur pending before the concerned court below.
The contention of the 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. He also submitted that the applicants are already on bail.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants move an appropriate application for discharge before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 30.3.2018 Kuldeep