Court No. - 55
Case :- APPLICATION U/S 482 No. - 42647 of 2018 Applicant :- Rishi Kumar Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhupendra Pandey,Lakshman Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of case no. 4187 of 2017 (Dinki @ Rinki Vs. Rishi Kumar and others) under Sections 498-A, 323, 504 IPC and 3/4 of D.P. Act, P.S. Cantt, District Varanasi including the summoning order dated 2.8.2018 passed by the learned ACJM, Court No. 9, Varanasi with a further prayer to stay the proceedings of the aforesaid case.
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 quash the criminal proceedings including order dated 2.8.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicants appear and move an appropriate application for discharge through counsel under Section 239 or 227/228/245 Cr.P.C., as the case may be, before the court below within 15 days 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 15 days, no coercive action shall be taken against the applicants till disposal of the said application.
In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.
With the above directions, present application is disposed of.
Order Date :- 27.11.2018 Shekhar [Chandra Dhari Singh, J.]