Court No. - 86
Case :- APPLICATION U/S 482 No. - 18661 of 2020 Applicant :- Pooran And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Sri Rajendra Kumar Yadav, learned counsel appearing for the applicants and Ms. Alpana Singh, learned A.G.A. appearing for the State.
This application has been filed with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 7.10.2018 and cognizance order dated 6.7.2019 as well as entire proceeding of criminal case No. 1452 of 2019 (State Vs. Laltesh and others), arising out of case crime No. 231 of 2018, under Section 354(A), 452, 504, 506 IPC, P.S. Islam Nagar, District Budaun, pending in the court of Additional Chief Judicial Magistrate-II, Budaun".
The contention advanced by the learned counsel for the applicants is that the FIR was lodged by the order of the Magistrate passed under Section 156(3) Cr.P.C. and was a counter blast to the non-cognizable offence report lodged by the applicants against the opposite party no.2. It is alleged that the Investigating Officer submitted the charge sheet dated 7.10.2018 before the court below and cognizance of the offence was taken on 6.7.2019 without looking into this crucial aspect of the matter.
Learned A.G.A. has opposed the application and has stated that the charge sheet is of the year 2018 and it can be presumed that the court below has taken further steps for summoning of the accused and it appears the applicants are avoiding to appear before the court below.
Considering the peculiar facts of the present case, I do not find it a fit case for interference under Section 482 Cr.P.C. However, it is provided that in case the applicants move an appropriate application before the court below, the same shall be considered and decided in accordance with law expeditiously.
For a period of fifteen days from today, no coercive measure shall be taken against the applicants in the aforesaid case provided no warrant has been issued against the applicants.
With the aforesaid observations, this application is disposed of.
Order Date :- 6.1.2021 sfa/ (Jayant Banerji, J)