Court No. - 55
Case :- APPLICATION U/S 482 No. - 46942 of 2018 Applicant :- Dinesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ken Singh 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.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 4.11.2017 passed by Additional Chief Judicial Magistrate, Court No. 5, Agra in Complaint Case No. 759 of 2017 under sections 379, 452, 504 and 506 IPC, P.S. Sadar Bazar, District Agra, pending before the court of Additional Chief Judicial Magistrate, Court No. 5, Agra.
Learned counsel for the applicants submitted that it is a counter blast case as earlier the applicants have lodged an F.I.R. against the son of opposite party no. 2 namely Sanjay. It is next submitted that present complaint case has been filed as a counter blast in which summoning order dated 4.11.2017 has been passed. The contention of the learned counsel for the applicant 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 4.11.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears and moves 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 applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 21.12.2018 Rmk/Sartaj