Court No. - 4
Case :- APPLICATION U/S 482 No. - 12200 of 2004 Applicant :- Surendra And Others. Opposite Party :- State Of U.P. & Others Counsel for Applicant :- I.K. Chaturvedi Counsel for Opposite Party :- Govt. Advocate,D.R. Chaudhary
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned AGA.
The applicants, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that the prosecution of the applicants in Case No. 10194 of 2003, under Sections 379, 323, 504, 506, 427 I.P.C., Police Station Incholi, District Meerut be quashed.
Learned counsel for the applicants submitted that the impugned complaint has been filed by the opposite party no.3 containing absolutely false and frivolous allegations with the ulterior intention of harassing the applicants and although no offence against the applicants is disclosed from the material on record and the charge against the applicant is groundless, yet the court below has summoned the applicants in a mechanical manner.
He lastly submitted that since the prosecution of the applicants is manifestly attended with mala fides the same is liable to be quashed.
In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicants before the court concerned by moving an application under section 245(2) Cr.P.C.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned AGA, it is directed that in case the applicants move an application under section 245(2) Cr.P.C. before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 27.4.2018 SA