Court No. - 12
Case :- APPLICATION U/S 482 No. - 42368 of 2018 Applicant :- Ranvijay Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishal Jaiswal 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.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 462 of 2014 (Ramadevi Vs. Ranvijay and others), under Sections 452, 323, 504 and 506 I.P.C., Police Station Handia, District Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad including the summoning order dated 1.9.2015.
It is submitted by learned counsel for the applicants that a false complaint was filed before the Additional Chief Judicial Magistrate I, Allahabad with the allegations that they were cutting the ancestral trees and the learned Magistrate without application of mind passed the summoning order dated 1.9.2015 against the applicants. It is further submitted that no such incident ever took place and due to village partybandi, the applicants have been falsely implicated in the present case though the complainant and the applicants belong to same family.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the summoning order and entire criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicants to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicants to appear before the court below through counsel to move discharge application within one month from today.
This application is disposed of with a direction to the court below that in case the applicants appear before the court below through counsel within one month from today and move a discharge application, the same shall be considered and decided in accordance with law within next three months. Till the disposal of discharge application, no coercive action shall be taken against the applicants.
It is made clear that in case the applicants do not appear before the court below within the aforesaid period, no further time shall be given to them.
Order Date :- 28.11.2018 Rmk.