Court No. - 73
Case :- APPLICATION U/S 482 No. - 7442 of 2019 Applicant :- Ram Surat Yadav @ Mithai And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashank Shekhar,Ravindra Kumar Yadav,Sheo Ram 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 of the charge sheet dated 7.12.2017 as well as entire proceeding of Special Trial No. 141 of 2018, arising out of case crime no. 374 of 2017, under sections 147, 323, 504 IPC and Section 3(1)(da) and 3(1)(dha) SC/ST Act, P.S. Bansgaon, District Gorakhpur, pending in the court of Special Judge (SC/ST Act), Gorakhpur.
The contention of the learned counsel for the applicants is that one incident took place in which they have lodged FIR dated 19.10.2017 against opposite party no. 2 and six others, which was registered as case crime no. 0370 of 2017, under sections 147, 323, 452, 504 I.P.C. He further submits that as a counter blast, present FIR has been lodged in which charge sheet has been submitted against the applicants. He further submits that in fact no such incident has ever took place and only to pressurize the applicants to withdraw the criminal proceeding initiated by them, present FIR has been lodged by opposite party no. 2.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings, therefore, the prayer for quashing the same is hereby refused.
At this stage, learned counsel for the applicants submits that applicant may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicants.
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 239 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 :- 26.2.2019 Arvind