Court No. - 73
Case :- APPLICATION U/S 482 No. - 16188 of 2019 Applicant :- Gajendra And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shubham Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashment of the entire criminal proceedings of complaint case no. 116/9 of 2018 under Section 406, 420 of IPC, arising out of Case Crime No. 0433 of 2017, P.S. Farah, District-Mathura pending in the court of Additional Judicial Magistrate, Court No. 2 Mathura as well as seeking quashment of the charge sheet dated 23.01.2018 and cognizance order dated 08.03.2019 passed in the aforesaid case.
The contention of the 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.
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.
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 15 days 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 two months, thereafter.
For a period of two months or till the decision of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants.
In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 25.4.2019 Mohit Kushwaha