Court No. - 12
Case :- APPLICATION U/S 482 No. - 42428 of 2018 Applicant :- Jahid And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashok Kumar Singh,Virendra Kumar Jaiswal 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 charge sheet dated 25.1.2018 and cognizance order dated 13.9.2018 as well as the entire proceedings of Criminal Case No. 1168 of 2018, arising out of Case Crime No. 0004 of 2018, under Section- 3 of Prevention of Damages to Public Property Act, 1984, Police Station-Dhaulana, District- Hapur, pending in the court of Judicial Magistrate-I, Hapur.
The contention of 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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicants to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicants to appear before the court below through counsel to move discharge application within one month from today.
This application is disposed of with a direction to the court below that in case the applicants appear before the court below through counsel within one month from today and move a discharge application, the same shall be considered and decided in accordance with law within next three months. Till the disposal of discharge application, no coercive action shall be taken against the applicants.
It is made clear that in case the applicants do not appear before the court below within the aforesaid period, no further time shall be given to them.
Order Date :- 29.11.2018 Arvind