Court No. - 73
Case :- APPLICATION U/S 482 No. - 25604 of 2019 Applicant :- Lal Bahadur And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Prakash Yadav,Satya Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 09.04.2019 passed by the Civil Judge, Junior Division / Judicial Magistrate, Sonebhadra in Complaint Case No. 1851 of 2018 (Ram Kali Vs. Ram Surat & others), under Sections 323, 504, 506, 354, 452 IPC, Police Station Ghorawal, District - Sonebhadra pending in the court of Civil Judge (Junior Division) / Judicial Magistrate, Sonebhadra.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicants that for the same set of facts, one complaint was filed by the opposite party no. 2 on 25.05.2018. FIR was also lodged on 16.11.2018. Concerned Magistrate without taking into consideration the provisions of Section 210 Cr.P.C. passed the summoning order against the applicants on 09.04.2019. Thus, prayer was made to quash the entire proceeding of the aforesaid complaint case.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and having gone through the entire record, the application is disposed of with the direction to the applicants to move proper application before the court concerned stating all the facts as has been raised in this application within a period of thirty days from today. If such application is moved, court concerned is hereby directed to pass appropriate order in accordance with law within a period of one month thereafter.
During the aforesaid period, coercive process issued against the applicants, if any, shall be kept in abeyance.
With the above observations, the application stands disposed of. Order Date :- 30.7.2019//Sanjeet