Court No. - 11
Case :- APPLICATION U/S 482 No. - 42863 of 2018 Applicant :- Sunil And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.B. Sinha Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Case No. 915 of 2012, arising out of Case Crime No. 381 of 2012 under Sections 494, 504, 506 IPC, Police Station Debai, District Bulandshahar pending in the Court of Addl. Chief Judicial Magistrate, Anoop Shahar, Bulandshahar.
Only prayer made on behalf of applicants is that offence under section 494, 504, 506 IPC can continue only on the basis of complaint. Prosecution cannot be started on the basis of charge-sheet. At this stage, learned counsel for the applicants has referred to the provisions of section 494 IPC and section 198 Cr.P.C.
Learned AGA has opposed the prayer.
Having heard learned counsel for the parties and going through the entire record as well as the legal provisions, the application is disposed of with the direction to the applicants to move proper application within a period of 30 days from today before the court concerned ventilating all the facts as detailed in this application. If such an application is moved, the court concerned is directed to pass appropriate order in accordance with law.
With the aforesaid observation, the application stands disposed of.
Order Date :- 30.11.2018 ss