Court No. - 55
Case :- APPLICATION U/S 482 No. - 42615 of 2018 Applicant :- Mathura Prasad Tiwari And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- B.S. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order 23.07.2018 and Criminal Complaint Case No.904 of 2018, under Sections 498-A and 494 I.P.C., P.S. Parasrampur, District Basti pending in the court of A.C.J.M. Ist Basti The contention of the learned counsel for the applicant is that no offence against the applicant 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 23.07.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicants appear and move an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant 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 two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Order Date :- 28.11.2018 Asha