Court No. - 55
Case :- APPLICATION U/S 482 No. - 46129 of 2018 Applicant :- Rajju Sharma Alias Raj Kumar Sharma And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Pratap Singh 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 and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing the entire impugned criminal proceedings as well as summoning order dated 06.10.2018 passed by learned Additional Chief Judicial Magistrate 8th, Meerut in Complaint Case No. 6606 of 2016 (Ravindra Kumar Vs. Rajju Sharma alias Raj Kumar Sharma and others), under Sections 417, 465 I.P.C., Police Station T.P. Nagar, District Meerut, pending in the court of learned Additional Chief Judicial Magistrate 8th, Meerut.
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 summoning order dated 06.10.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and moves an appropriate application for discharge under section 245(2) Cr.P.C. through counsel 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 :- 21.12.2018 Rmk.