Court No. - 73
Case :- APPLICATION U/S 482 No. - 17461 of 2019 Applicant :- Smt. Mati And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Anil Kumar Mishra,Manish Mishra Counsel for Opposite Party :- G.A.,Sudha Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, Ms. Sudha Pandey, learned counsel for opposite party no. 2 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 Case No. 3477/9 of 2017 (State vs. Brijesh & Others), under Section 420 IPC, Police Station Chhapar, District Muzaffar Nagar as well as the charge-sheet dated 08.07.2015 submitted in the aforesaid case, pending before the concerned courts below.
The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 provided that in case, the applicants move an appropriate application for discharge before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months, thereafter.
For a period of three months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 30.4.2019 VR