Court No. - 55
Case :- APPLICATION U/S 482 No. - 39080 of 2018 Applicant :- Sapana Kumari And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chand 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 to quash the entire proceeding of complaint case no. 2597 of 2016 (Kalawati Vs. Gopal and others) under Sections 323, 504, 506 IPC, P.S. Manda, District Allahabad pending before the Judicial Magistrate, Court No. 4, Allahabad including the summoning order dated 2.11.2017 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. Learned counsel submits that the applicant nos. 1 and 2 are the minor at the time of occurrence and were studying at Goa and applicant no. 3 is the mother of applicant nos. 1 and 2 whereas applicant no. 4 is neighbour of applicant nos. 1 to 3. Learned counsel submits that the Magistrate concerned has summoned the applicants without applying judicial mind and without considering the aforesaid facts. 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 2.11.2017, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that the applicant nos. 1 to 3 move an application for discharge through counsel and applicant no. 4 appears before the concerned court and moves an appropriate application for discharge 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 the period, 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.]