Court No. - 55
Case :- APPLICATION U/S 482 No. - 46536 of 2018 Applicant :- Shesh Nath Yadav And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- S.P.K. Tripathi 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 and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing the entire proceedings of Complaint Case No. 430 of 2012, under Sections 323, 342, 504, 506 and 406 I.P.C., Police Station Bhawaniganj, District Siddharth Nagar.
The contention of the learned counsel for the applicant is that the applicants are police personnel and at the time of alleged incident, they were posted at police station Bhawaniganj, District Siddharth Nagar and now they are posted in other districts. The applicant no. 2 challaned the vehicle of the opposite party no. 2 when the applicants were checking the vehicle and due to this reason the present complaint has been filed and summoning order dated 2.3.2013 has been issued against them. Further contention 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 summoning order dated 2.3.2013, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. through counsel before the court below within two 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 applicant moves an application as stated above within two 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 :- 19.12.2018 Rmk.