Court No. - 38
Case :- APPLICATION U/S 482 No. - 22183 of 2019 Applicant :- Lavkush And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Niklank Jain has filed his vakalatnama on behalf of opposite party no. 2 today in Court, which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Niklank Jain, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of complaint case no. 39 of 2018, under sections 376, 511 IPC and 4 POCSO Act, P.S. Nidhauli Kalan, District Etah, pending in the court of Special Judge POCSO Act/ A.S.J., Court No. 8, Etah, including summoning order dated 15.03.2019 passed in 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 summoning order dated 15.03.2019, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicants submits that applicants may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicants.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move an appropriate application for discharge under section 245(2) Cr.P.C. through counsel before the court below within two weeks 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or four months from today, whichever is earlier.
Accordingly, the present application is disposed of. Order Date :- 4.6.2019 Arvind