Court No. - 55
Case :- APPLICATION U/S 482 No. - 42925 of 2018 Applicant :- Kamlesh And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Kumar Tiwari 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 record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 4.9.2017 as well as entire proceedings of Complaint Case No. 1166 of 2017 (Vindhyavasini Vs. Kamlesh and others), under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Kothibhar, District Maharajganj, pending before the Court of learned Chief Judicial Magistrate, Maharajganj.
The contention of the 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.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
The applicant no. 1 is the husband of opposite party no. 2 and there are serious allegations regarding demand of dowry, therefore, no case for interference is made out. The application is dismissed as against applicant No. 1, namely, Kamlesh.
So far as applicants No. 2 to 5, namely, Bibhuti, Savitri, Poonam and Mukesh are concerned, in the interest of justice, it is provided that if the applicants No. 2 to 5 move an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is disposed off in respect of applicants No. 2 to 5, namely, Bibhuti, Savitri, Poonam and Mukesh.
Order Date :- 28.11.2018 NS