Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 9607 of 2018 Petitioner :- Jammi @ Jamir And 4 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- 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 order dated 25.09.2017 passed by the IInd Additional Chief Judicial Magistrate, Banda in Complaint No. 633 of 2016 (Natthu Vs. Jakir Ali and others) as well as judgment and order dated 20.11.2018 passed by IIIrd Additional Sessions Judge/Special Judge (D.A.A.), Banda in Criminal Revision No. 226 of 2017 (Jammi @ Jamir Vs. State of U.P. and another).
The contention of the learned counsel for the applicant 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 25.09.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears 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 applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicants till disposal of the said application.
Accordingly, the present application is disposed of.
Order Date :- 19.12.2018 Rmk.