Court No. - 38
Case :- APPLICATION U/S 482 No. - 22140 of 2019 Applicant :- Rakesh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Tiwari 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 of the entire proceeding of Complaint Case No.4340/2017, under sections 452, 323 IPC, Police Station- Bilari, District Moradabad, pending in the court of A.C.J.M., court no.1, Moradabad, including summoning order dated 07.11.2017 passed in the aforesaid case.
The contention of the learned counsel for the applicants is that no offence against the applicants are 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 criminal proceedings including summoning order dated 07.11.2017, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicants submit that applicants may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicant.
Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move 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 within a period of three months from the date of filing of discharge application in accordance with law.
If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or four months from today, whichever is earlier.
Accordingly, the present application is disposed of. Order Date :- 3.6.2019 Radhika