Court No. - 12
Case :- APPLICATION U/S 482 No. - 42401 of 2018 Applicant :- Om Prakash Agnihotri And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vidya Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and the learned A.G.A.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 9.9.2015 as well as the entire proceedings of Criminal Case No. 5833 of 2015, arising out of Case Crime No. 215 of 2015, under Sections- 498A, 323, 406, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad, pending in the court of 8th A.C.J.M., Ghaziabad.
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 purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. No case for interference is made out. The prayer for quashing the entire proceeding of the aforesaid case is refused.
At this stage, learned counsel for the applicants submits that trial has remained pending since long, therefore, a direction may be issued to expedite the trial expeditiously.
Considering the fact that the trial has remained pending since long. Without expressing any opinion on the merits of the case, this application is finally disposed of with a direction to the court below to decide the aforesaid case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 29.11.2018 Arvind