Court No. - 55
Case :- APPLICATION U/S 482 No. - 43764 of 2018 Applicant :- Kalloo Mahant And 5 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Anil Kumar,Rajeev Kumar Saxena 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 impugned order dated 27.01.2018 as well as Complaint Case No. 535 of 2016 (Bhookan Lal Vs. Mahboob and others), under sections 323, 504, 506 IPC and 3(1)(10) SC/ST (P.A.) Act, passed by Additional Chief Judicial Magistrate, Rampur.
The case of the applicants is that as per police report dated 15.12.2013, complainant died on 13.10.2013. He has also annexed death certificate dated 28.11.2013 issued by Government of U.P., in which date of death of complainant is mentioned as 13.10.2013. It is further submitted that once the sole complainant died, it is required on the part of court below to decide the complaint as provided in Chapter-XX of the Cr.P.C. considering the section 256 Cr.P.C.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including impugned order dated 27.01.2018, 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. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant 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 applicant till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 19.12.2018 Sartaj