Court No. - 15
Case :- APPLICATION U/S 482 No. - 15493 of 2016 Applicant :- Mohd. Arif And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Kumar Dubey, Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,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 the case No. 1032 of 2015 (State Vs. Mohd. Arif and others) arising out of Case Crime No. 241 of 2015 under Sections 498-A, 324, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Tilhar, District Shahjahanpur pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Tilhar, Sahjahanpur.
Learned counsel for the applicants contended that general role of harassment has been assigned to the applicants. The contention of the counsel for the applicants is that the present prosecution has been instituted with a malafide intention for the purposes of harassment.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 Cr.P.C.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants pray for discharge before the concerned Magistrate at appropriate stage, the same shall be considered and disposed of as expeditiously as possible by a speaking order considering the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.
With the aforesaid directions, this application is finally disposed of. Order Date :- 20.12.2018 Jaswant