Court No. - 73
Case :- APPLICATION U/S 482 No. - 3690 of 2019 Applicant :- Smt. Munni Devi And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajai Kumar Srivastava 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 entire proceedings initiated in pursuance of the impugned charge sheet no. 51 of 2017 dated 4.3.2017 registered as case No. 804 of 2017,(State Vs. Munni Devi and others), arising out of Crime No. 470 of 2015, under Sections 147, 323, 354, 452, 506 I.P.C., Police Station Jagdishpura, District Agra, pending in the court of learned Additional Chief Judicial Magistrate VII, Agra as well as impugned summoning order dated 17.4.2017 alongwith consequential warrant orders passed by the learned Additional Chief Judicial Magistrate VII, Agra.
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 entire proceedings and summoning order dated 17.4.2017, 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 239 Cr.P.C. through counsel 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or four months from today whichever is earlier.
Accordingly, the present application is disposed of.
Order Date :- 29.1.2019 Rmk.