Court No. - 68
Case :- APPLICATION U/S 482 No. - 21713 of 2019 Applicant :- Jashoda Devi and 8 others Opposite Party :- State of U.P. And Another Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 23.4.2018 passed by Chief Judicial Magistrate, Etah as well as entire proceedings of Complaint Case No. 576 of 2016 (Lakhan Singh Vs. Jashoda and others) under Section 427 IPC, Police Station Kotwali Dehat, District Etah.
Learned counsel for the applicants contended that several civil case is pending between the parties. In counter blast, opposite party No. 2 (Lakhan Singh) has filed this complaint maliciously with false allegation only to harass the applicants. As per version of the complaint, 9 persons assaulted the opposite party No. 2 (Lakhan Singh) with blunt object i.e. lathi and danda. Even so, no injury has been sustained by the opposite party No. 2 (Lakhan Singh).
Although, this is a summon trial case; however, in exercise of extraordinary jurisdiction of this Court, it is directed that if applicants apply for discharge through counsel within 60 days from today, the same shall be decided by the trial court by a speaking order.
Till the disposal of the discharge application, no coercive action shall be taken against applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of. Order Date :- 30.5.2019 Jaswant