Court No. - 55
Case :- APPLICATION U/S 482 No. - 36681 of 2018 Applicant :- Mohammad Arshad Rainee And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajeet Kumar Baranwal 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 the order dated 26.7.2018 passed by Additional Sessions Judge, Court No. 4, Basti in Criminal Revision No. 23 of 2018 as well as summoning order dated 07.12.2017 passed by A.C.J.M.-Ist, Basti in complaint case no. 1318 of 2017, under sections 323, 504, 506 I.P.C., P.S. Munderwa, District Basti.
The contention of the learned counsel for the applicanta is that no offence against the applicanta 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 07.12.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear through counsel 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 applicants 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 applicants till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 21.12.2018 Arvind