Court No. - 21
Case :- APPLICATION U/S 482 No. - 32799 of 2018 Applicant :- Ramjani Khan And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Maqsood Ahmad Beg,Naiyar Masroof Siddiqui 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.
The present application under Section 482 Cr.P.C., has been filed for quashing chargesheet dated 29.07.2013 and the entire criminal proceeding of Special Trial No.200 of 2016 arising out of case crime no.85 of 2013, under Sections 147, 148, 354, 323, 504 and 506 I.P.C. and 3(I) (XI) S.C. & S.T. Act, P.S. Khakheru, District Fatehpur.
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 further contended that the Investigating Officer without collecting any substantial material submitted a chargesheet on 29.07.2018 against the applicants. Court below without applying judicious mind has taken cognizance.
On the other hand, learned A.G.A. vehemently opposed the prayer made in the application.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants move an appropriate application before the Court below within a period of four months from today, the same shall be considered and disposed of expeditiously preferably on the same day in accordance with law by the court below.. For a period of four months from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of four months from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off. Order Date :- 18.9.2018 Asha