Court No. - 68
Case :- APPLICATION U/S 482 No. - 13777 of 2019 Applicant :- Sunil Yadav And 14 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the summoning order dated 13.3.2018 as well as entire proceedings of Complaint Case No. 1226 of 2017 (Ravindra Yadav Vs. Sunil and others) under Sections 147, 323, 504, 506 IPC, Police Station Kasimabad, District Ghazipur pending before the court of Judicial Magistrate, Mohamdabad, Ghazipur.
Learned counsel for the applicants contended that the opposite party No. 2 (Ravindra Yadav) has filed this complaint maliciously with false allegation to harass the applicants due to civil dispute between the parties. As per the allegation made in the complaint, 15 persons abused and assaulted the opposite party No. 2 and his family members with hockey, kicks and fists. Time and date of the occurrence is neither mentioned in the complaint nor in the statement under Sections 200 and 202 Cr.P.C. None from the side of opposite party No. 2 have either been medically examined or has sustained any injury. Accordingly, no offence is made out against the applicants.
Alternative remedy under Section 245 (2) Cr.P.C., is available to the applicants to get themselves discharge from the court concerned.
Accordingly, the prayer for quashing the summoning order as well as entire proceedings of the aforesaid case is refused.
However, if applicants apply for discharge under Section 245 (2) Cr.P.C., within 30 days from today through counsel, the same shall be decided by the trial court on merit by a speaking order.
Till the disposal of the application under Section 245 (2) Cr.P.C., no coercive measures shall be adopted against the applicants.
Accordingly, this application under Section 482 Cr.P.C., is disposed of.
Order Date :- 30.4.2019 Jaswant