Court No. - 55
Case :- APPLICATION U/S 482 No. - 45887 of 2018 Applicant :- Satya Prakash Verma And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Romeshwari Prasad,Amit Kumar Tiwari 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 482 Cr.P.C. application has been filed to quash the Complaint dated 07.12.2017 and order of summoning dated 02.06.2018 passed by IVth Additional Chief Judicial Magistrate, Court No.11, Agra in complaint case No.4485 of 2017 (Om Prakash Verma Vs. Satya Prakash Verma and others), under Sections 323, 452 and 506 IPC, Police Station- Loha Mandi, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.11 Agra.
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 summoning order dated 02.06.2018, 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 under section 245(2) Cr.P.C. before the court below within three weeks 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 three weeks, no coercive action shall be taken against the applicants till disposal of the said application.
Accordingly, the present application is disposed of. Order Date :- 20.12.2018 Junaid