Court No. - 55
Case :- APPLICATION U/S 482 No. - 46112 of 2018 Applicant :- Gayasuddin And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Chandra Prakash Misra 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 impugned summoning order dated 13.01.2014 passed by Judicial Magistrate, Mau in Complaint Case No. 2183 of 2012 (Nizamuddeen Vs. Gaysuddin and others), Police Station Muhamdabad Gohna, District Mau by which applicants have been summoned under Sections 420, 506 I.P.C.
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 13.01.2014, 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.
In case, the discharge application filed by the applicants is rejected then the court below shall consider and decide the bail application of the applicants in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Accordingly, the present application is disposed of.
Order Date :- 21.12.2018 Rmk.