Court No. - 48
Case :- APPLICATION U/S 482 No. - 1555 of 2019 Applicant :- Ramakant And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Certified copy of the order sheet along with affidavit filed today is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No. 672 of 2017 (Old No. 97 of 2013) (Ram Sanehi Vs. Vikas and another), under Sections 323, 504, 506 IPC, Police Station Thathiya, District - Kannauj pending in the court of Civil Judge (Junior Division) / Judicial Magistrate-Ist, Kannauj. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
It is evident that applicants have obtained bail and are participating in the proceedings before the trial court. As stated by learned counsel for the applicants that till today evidence under Section 244 Cr.P.C. has not been recorded. Summoning order was passed on 27.04.2013. Since applicants have opportunity to move an application under Section 245(2) Cr.P.C. for their discharge at appropriate stage, thus prayer made in the application cannot be allowed.
In view of above, application is disposed of with the direction to the court below to record the statement under Section 244 Cr.P.C. fixing short dates preferably within a period of two months from the date of production of certified copy of this order.
Order Date :- 29.1.2019 Sanjeet