Court No. - 79
Case :- APPLICATION U/S 482 No. - 43023 of 2019 Applicant :- Mahbood Ali @ Mahmood And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the chargesheet dated 22.8.2018 and cognizance order dated 15.7.2019 passed by Chief Judicial Magistrate, Deoria in Criminal Case no. 3686 of 2019 (State vs. Hanif and others), under Sections 323, 504, 506, 325 and 308 I.P.C., P.S. Gauri Bazar, district-Deoria, pending in the court of Chief Judicial Magistrate court no. 17, Deoria as well as further proceedings.
It is contended by the learned counsel for the applicants that the proceedings under Sections 147, 148, 323, 504, 506, 452 and 427 I.P.C. have been initiated against opposite party no. 2 by way of lodging the F.I.R. in case crime no. 194 of 2018, P.S. Gauri Bazar, District-Deoria. In its counter blast the present complaint has been filed which is based on false and frivolous allegations. Therefore, the proceedings pending against the applicants may be quashed.
In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicants before the court concerned by way of moving application under section 245(2) Cr.P.C.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned AGA, it is directed that in case the applicants move an application raising all the grievance under section 245(2) Cr.P.C. before the court concerned within two weeks from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 28.11.2019 Faridul