Court No. - 55
Case :- APPLICATION U/S 482 No. - 42758 of 2018 Applicant :- Sudhir Kumar And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ashutosh Mishra 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 and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding of case including orders dated 09.05.2018 and 12.10.2018 passed by Additional Chief Judicial Magistrate, court no.3, District Ghaziabad in complaint case no.3293 of 2017.
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 orders dated 09.05.2018 and 12.10.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
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 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 applicants move an application as stated above within two weeks, no coercive action shall be taken against the applicants till disposal of the said application.
Order Date :- 28.11.2018 Asha