Court No. - 80
Case :- APPLICATION U/S 482 No. - 17955 of 2020 Applicant :- Mahipal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Complaint Case No. 1340 of 2019, under Section 504, 506 of IPC, Police Station Hashanpur, District J.P. Nagar (Amroha), pending in the court of Judicial Magistrate, Hashanpur, J.P. Nagar (Amroha) as well as summoning order dated 11.02.2020 passed by Judicial Magistrate, Hashanpur, J.P. Nagar (Amroha).
It has been argued by learned counsel for applicants that applicants are innocent and they have been falsely implicated in this case. It was stated that the complaint lodged by opposite party no.2 is a counterblast case as applicant no.1 has already lodged a first information report on 30.08.2019 against opposite party no.2 and his family members with allegation that opposite party no.2 and his family have got executed sale deed of the land of his brother by way of cheating. It was submitted that no prima facie case is made out against applicants and the impugned proceedings are liable to be quashed. Alternatively, it was prayed that applicants may be granted an opportunity seeking discharge from the court below.
Learned A.G.A. has opposed the application and argued that in view of the allegations made in the FIR and material collected during investigation, it cannot be said that no prima facie, case is made out against the applicants.
The submissions made by learned counsel for applicants relate to disputed questions of fact. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
The prayer, as made above, is hereby refused.
However, it is directed that in case, applicants move an appropriate application for discharge before the court below within a period of one month from today, the same shall be considered and decided by the court below expeditiously, preferably within a period of two months thereafter, in accordance with law.
For a period of one month from today and in case, the application for discharge is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.1.2021 Mohit