Court No. - 55
Case :- APPLICATION U/S 482 No. - 42961 of 2018 Applicant :- Smt. Hem Kumari And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,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 proceeding pending before Additional Chief Judicial Magistrate, Court No. 5, Meerut in pursuance of the summoning order dated 14.3.2018 in Complaint Case No. 6509 of 2017, under Sections 323, 379, 356 I.P.C., Police Station Kankerkheda, District Meerut.
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 summoning order dated 14.3.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicants appear and move 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 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.
Order Date :- 28.11.2018 NS