Court No. - 38
Case :- APPLICATION U/S 482 No. - 3434 of 2019 Applicant :- Nazim Khan And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- M.P.S. Chauhan 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 for quashing the impugned order dated 20.8.2018 passed by the ACJM, Court No. 8, Aligarh in criminal case no. 1008 of 2018 under Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, P.S. Civil Lines, District Aligarh.
The contention of 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 on the earlier occasion opposite party no. 2 has lodged the FIR against the applicants in case crime no. 349 of 2018 under Sections 498-A, 323, 313 IPC and 3/4 of D.P. Act with false and frivolous allegations and against the same applicants have approached this Court by way of filing criminal misc. writ petition no. 16532 of 2018 and this Court vide order dated 10.7.2018 accorded interim relief to the applicants by staying their arrest till submission of police report under Section 173 (2) Cr.P.C. Learned counsel further submits that on the application of opposite party no. 2 while issuing notice to the applicants under Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act learned Magistrate has failed to consider the facts of the case in proper manner and without obtaining report from the District Probation Officer.
Learned AGA has vehemently opposed the submission advanced by learned counsel for the applicants by contending that after considering the facts and material available on record learned Magistrate has issued notice to the applicants and there is no illegality in the said order. Learned AGA further submits that in the present case only notices have been issued to the applicants and instead of to appear before the court concerned, applicants have rushed to this Court.
After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the order impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the applicants could not point out any legal infirmity in the order impugned or any ground, which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction.
Application is bereft of merit and same is dismissed, accordingly.
Order Date :- 25.1.2019 Shekhar