Court No. - 55
Case :- APPLICATION U/S 482 No. - 42617 of 2018 Applicant :- Ramashray And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,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 setting aside the judgment and order dated 4.10.2018, passed by Third Additional Sessions Judge, Mau in Criminal Revision No. 130 of 2018 (Ramashray and others Vs. State of U.P. and another) as well as summoning order dated 8.12.2016 passed by Judicial Magistrate, Mau in Complaint Case No. 2064 of 2015 (Harendra Vs. Ramashray and other) under Sections 323, 504, 506 I.P.C., Police Station Haldharpur, District Mau.
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 set aside the orders dated 4.10.2018 and 8.12.2016, therefore, the prayer for setting aside the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicants appear and move an appropriate application for discharge under section 245(2) Cr.P.C. 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.
Order Date :- 27.11.2018 NS