Court No. - 55
Case :- APPLICATION U/S 482 No. - 42661 of 2018 Applicant :- Phool Chandra And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Vakalatnama filed by Sri Arvind Kumar on behalf of opposite party no.2 is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the entire criminal proceeding including summoning order dated 27.08.2018 passed by Special Judge (SC/ST Act)/II Additional Chief Judicial Magistrate, Chitrakoot in complaint case no.02 of 2018, under Sections 323, 452, 504 and 506 I.P.C. & 3(1) S & 3(2) 5A S.C./S.T. Act, P.S. Raipura, District Chitrakoot.
Learned counsel appearing on behalf of the applicants submitted that applicant no.5 moved an application under Section 156(3) Cr.P.C. on 02.01.2016 before the court below. The court below has directed to lodge an F.I.R. against opposite party no.2 and two other namely Nandu and Ram Balak vide case crime no.18 of 2018, under Sections 354(A) and 504 I.P.C. and 4 Protection of Children From Sexual Offences Act, P.S. Raipura, District Chitrakoot.
He further submitted that to the counter blast of the F.I.R. lodged by applicant no.5 on 17.02.2018 the opposite party no.2 moved a false and frivolous application under Section 156(3) Cr.P.C. on 23.12.2017 and same was treated as complaint case and statement under Section 200 Cr.P.C. of opposite party no.2 and statement under Section 202 Cr.PC. of witnesses were recorded and there are contradictions in the statements of opposite party no.2 and witnesses. Summoning order has been passed against the applicants without applying judicious mind.
Sri Arvind Kumar, learned counsel for opposite party no.2 vehemently opposed submission of learned counsel for the applicants and submitted that there are no material contradictions in the statements recorded under Sections 200 and 202 Cr.P.C..
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off. Order Date :- 28.11.2018 Asha