Court No. - 55
Case :- APPLICATION U/S 482 No. - 38236 of 2018 Applicant :- Krishna Pal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, 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 summoning order dated 16.5.2018 passed by the ACJM, Court No.6, Meerut as well as entire criminal proceeding of complaint case no. 944 of 2018 (Pradeep Vs. Krishna Pal) under Section 354 IPC, P.S. Rohta, District Meerut, pending in the aforesaid court with a further prayer to stay the proceedings of the aforesaid case.
The contention of the learned 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including order dated 16.5.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and move an appropriate application for discharge through counsel under Section 239 or 227/228/245 Cr.P.C., as the case may be, before the court below within 15 days from the date of receipt of a certified copy of this order then the application of the applicants shall be considered and decided expeditiously preferably on the same day, in accordance with law.
If the applicants move an application, as stated above, within 15 days, no coercive action shall be taken against the applicants till disposal of the said application.
In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.
With the above directions, present application is disposed of.
Order Date :- 30.11.2018 Shekhar [Chandra Dhari Singh, J.]