Court No. - 55
Case :- APPLICATION U/S 482 No. - 42640 of 2018 Applicant :- Ram Prakash And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as summoning order dated 17.4.2018 passed in complaint case no. 1103/9 of 2017 (Smt. Sheel Rani Vs. Ram Prakash and others) under Section 420 IPC, P.S. New Mandi, District Muzaffarnagar pending in the court of ACJM, Court No. 1, Muzaffarnagar with a further prayer to stay the proceedings of the aforesaid case.
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 criminal proceedings including order dated 17.4.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and move an appropriate application for discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, before the court below within 15 days 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 15 days, no coercive action shall be taken against the applicants till disposal of the said application.
In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.
With the above directions, present application is disposed of.
Order Date :- 27.11.2018 Shekhar [Chandra Dhari Singh, J.]