Court No. - 73
Case :- APPLICATION U/S 482 No. - 7144 of 2019 Applicant :- Fermeeda And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Panchu Ram Maurya,Prashant Maurya 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 of the entire criminal proceeding of Criminal Case No.767 of 2012, including the Charge sheet No. 61 of 2012, dated 25.02.2012 arising out of Case Crime No. 759 of 2011, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Chandpur, District Bijnor, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Chandpur, District Bijnor and the cognizance taken by the learned Civil Judge (J.D.)/Judicial Magistrate, Chandpur, District Bijnor on 25.2.2012.
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 criminal proceedings including cognizance order dated 25.2.2012, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicants submits that applicants may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicants.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, 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 :- 25.2.2019 Rmk.