Court No. - 55
Case :- APPLICATION U/S 482 No. - 39089 of 2018 Applicant :- Nandan Kumar Singh @ Neta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Muktesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the order dated 10.5.2017 in complaint case no. 495 of 2017 (Priyanka Vs. Nandan Kumar and others) passed by the ACJM, Court No. 4, Bareilly and impugned order dated 14.5.2018 passed by the Additional Sessions Judge, Court No. 3, in criminal revision no. 278 of 2017 (Vinod Kumar and others Vs. State of U.P.) with a further prayer to stay the proceedings of the aforesaid cases.
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. Learned counsel submits that the applicant no. 1 and opposite party no. 2 are the husband and wife respectively and applicant nos. 2 and 3 are the parent of applicant no. 1. It is further contended that applicant nos. 2 and 3 have no concern with matrimonial life of applicant no. 1 and opposite party no. 2 and they are living separately at Bareilly whereas applicant no. 1 is living at Haridwar. Learned counsel submits that there is some matrimonial discord in between applicant no. 1 and opposite party no. 2 and, as such, opposite party no. 2 has proceeded to implicate the whole family of applicant no. 1. Learned counsel submits that the Magistrate concerned has summoned the applicants without applying judicial mind and without considering the aforesaid facts. 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 orders dated 10.5.2017 and 14.5.2018, therefore, the prayer for quashing the same is hereby refused and as far as applicant no. 1 is concerned, present application is dismissed.
However, it is provided that if the applicant nos. 2 and 3 move an application for discharge through counsel under Section 239 or 227/228/245 Cr.P.C., as the case may be, before the court below within 15 days 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 15 days, no coercive action shall be taken against the applicants till disposal of the said application. In case no such application is filed within the period, as prescribed above, the present order shall stand automatically vacated.
With the above directions, present application is disposed of.
Order Date :- 27.11.2018 Shekhar [Chandra Dhari Singh, J.]