Court No. - 4
Case :- APPLICATION U/S 482 No. - 8952 of 2004 Applicant :- Ravi @ Pappu And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.D. Awasthi,Anshu Chaudhary Counsel for Opposite Party :- Govt. Advocate,Santosh Shukla
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the parties.
The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 01.09.2003 by which the applicants have been summoned in Criminal Case No. 854 of 2003 (Loknath Versus Ravi @ Pappu & others) u/s 498-A I.P.C. and 3/4 Dowry Prohibition Act, P.S.- Chamanganj District- Auraiya, pending in the Court of Chief Judicial Magistrate, Auraiya.
Learned counsel for the applicants submitted that the impugned complaint has been filed by the opposite party no.2 containing absolutely false and frivolous allegations with the ulterior intention of harassing the applicants and although no offence against the applicants is disclosed from the material on record and the charge against the applicants is groundless, yet the court below has summoned the applicants in a mechanical manner.
He further submitted that since the prosecution of the applicants are manifestly attended with malafides, the same is liable to be quashed.
In reply to the above contention, it is submitted by the learned A.G.A. that such plea may be taken by the applicants before the court concerned by moving an application under Section 245(2) Cr.P.C.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned A.G.A., it is directed that in case the applicants moves an application under Section 245(2) Cr.P.C. before the court concerned through his counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 26.7.2018 Praveen