Court No. - 55
Case :- APPLICATION U/S 482 No. - 46485 of 2018 Applicant :- Niyaz Ali And An Others Opposite Party :- State Of U.P. And An Others Counsel for Applicant :- Wahaj Ahmad Siddiqui 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.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 20.11.2018 passed by the learned Chief Judicial Magistrate, Kaushambi and the entire proceeding of Complaint Case No.4085 of 2018 (Naggan Ali Vs. Niyaz Ali and others), under Sections 419, 420, 467, 468, 471 IPC, Police Station- Kokhraj, District Kaushambi, pending in the Court of Chief Judicial Magistrate, Kaushambi.
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 criminal proceedings, including summoning order dated 20.11.2018, 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 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 :- 19.12.2018 Junaid