Court No. - 55
Case :- APPLICATION U/S 482 No. - 4470 of 2018 Applicant :- Shivkant Singh Yadav And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yogendra Kumar Srivastava, Anita Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing of the summoning order dated 19.12.2017 passed by ACJM-III, Etawah as well as entire proceedings of complaint case no. 230 of 2017 (Smt. Arti Vs. Shivkant Singh Yadav and others), under sections 323, 498-A, 504, 506 IPC and 3/4 D.P. Act, P.S. Ekdil, District Etawah, pending in the court of ACJM, Court No. 3, Etawah.
The contention of the counsel for the applicants is that no offence against the applicant 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. He further submitted that a number of civil cases are pending between the parties on account of which the applicants have been implicated in the present case.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
So far as applicants no.2 to 6 are concerned, it is provided that in case, the applicants no. 2 to 10 (Smt. Kanti Devi, Smt. Madhubala @ Pinki, Dilip Kumar @ Nitin Yadav, Ram Kumar Yadav and Shivpal Singh Yadav) move an appropriate application for discharge through counsel before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of four months, thereafter. For a period of five months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
In case no such application is filed within a period of one month from today, as prescribed above, the present order shall stand automatically vacated.
So far as applicant no.1 is concerned, the applicant no.1 is the husband of opposite party no.2 and there are serious allegations regarding demand of dowry, therefore, no case for interference is made out. Hence, prayer of applicant no.1 (Shivkant Singh Yadav) for appearance before the court through counsel is hereby refused.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 29.11.2018 Prajapati [Chandra Dhari Singh, J]