Court No. - 55
Case :- APPLICATION U/S 482 No. - 42439 of 2018 Applicant :- Sundar And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant 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 complaint case no.76 of 2016 pending before Judicial Magistrate, Faridpur, District Bareilly, under Sections 498- A, 323, 504 and 506 I.P.C. and 3/4 of D.P.Act, summoning order dated 06.10.2016 passed by Judicial Magistrate, Faridpur and order dated 26.10.2018 passed by Additional Sessions Judge XII Bareilly in Criminal Misc. Case no.224 of 2017.
The contention of the learned counsel for the applicant 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.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including orders dated 06.10.2016 and 26.10.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicant appears and moves 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 applicant 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 applicant till disposal of the said application.
Order Date :- 27.11.2018 Asha (Chandra Dhari Singh,J.)