Court No. - 55
Case :- APPLICATION U/S 482 No. - 45954 of 2018 Applicant :- Mithai Lal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Joveen Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,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 the entire proceeding of complaint case no. 133 of 2017, under sections 419, 420, 467, 468 IPC, pending in the court of Additional Chief Judicial Magistrate-Ist, Jaunpur, including summoning order dated 6.8.2018 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 6.8.2018, therefore, the prayer for quashing the same is hereby refused.
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 applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicants till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 20.12.2018 Arvind/Rmk