Court No. - 55
Case :- APPLICATION U/S 482 No. - 42916 of 2018 Applicant :- Rajeev Kumar And 5 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Mukesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
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 impugned summoning order dated 5.9.2018 passed by learned Civil Judge (Junior Division) / Judicial Magistrate, Jalesar, Etah as well as the entire criminal proceeding of Complaint Case No. 45 of 2018 (Anil Kumar vs. Rajeev Kumar and others), under Sections 498-A, 323 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Awagarh, District Etah.
The contention of the 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.
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 two weeks 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 two weeks 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 two weeks 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 NS