Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 8838 of 2018 Petitioner :- Komal Sharma And 10 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Mahesh Kumar Srivastava,S. Kamal Akhtar Khan Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The present writ petition has been filed for quashing the entire criminal proceeding of complaint case no.8161 of 2017, under Sections 323, 504 and 452 I.P.C., P.S.Moonda Pandey, District Moradabad as well as impugned order dated 15.06./2018 passed by Additional Sessions Judge, court no.3, Moradabad passed in Criminal Revision No.48 of 2018 and impugned order dated 12.12.207 passed by A.C.J.M., court no.2, Moradabad in complaint case no.8161 of 2017, under Sections 323, 504 and 452 I.P.C. P.S. Moonda Pandey, Moradabad.
The contention of the counsel for the petitioners is that no offence against the petitioners 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 petitioners 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.
However, it is provided that in case, the petitioners 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 petitioners 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 petition is finally disposed off.
Order Date :- 28.11.2018 Asha (Chandra Dhari Singh,J.)