Court No. - 64
Case :- APPLICATION U/S 482 No. - 17400 of 2019 Applicant :- Kripesh Chauhan And 4 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant is permitted to correct the memo of application.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicants have sought to quash the impugned summoning order dated 15.2.2018 passed by A.C.J.M., court no.2, Gorakhpur as well as entire proceedings of Misc. Application No.6334 of 2014 and Complaint Case No.261 of 2015, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gorakhpur, pending in the court of ACJM, court no.2, Gorakhpur.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear before the court concerned within a period of three weeks' from today and move application for bail/discharge, the same shall be considered and disposed of in accordance with law by passing speaking and reasoned order.
It is made clear that applicant nos.3 and 4, who are ladies also entitled for benefit of Section 437 Cr.P.C.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 Raj