Court No. - 55
Case :- APPLICATION U/S 482 No. - 38271 of 2018 Applicant :- Kuldeepak And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hitesh Pachori 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 proceeding of complaint case no. 464 of 2017 (Dilip Kumar Vs. Kuldeepak and others) as well as summoning order dated 6.7.2018 against applicant no. 1 under Section 494 IPC and against applicant nos. 2 to 6 under Section 494/120B IPC, P.S. Etmaddula, Agra pending in the court of ACJM, Court No. 10, Agra 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 6.7.2018, 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 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 :- 29.11.2018 Shekhar [Chandra Dhari Singh, J.]