Court No. - 68
Case :- APPLICATION U/S 482 No. - 16101 of 2019 Applicant :- Swatantra Thakur And Another Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Santosh Kumar Tripathi,Shailendra Singh 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 summoning order dated 15.11.2018, passed by 3rd Addl. District & Sessions Judge/Special Judge (Dacoity Affected Areas Act), District- Jhansi, arising out of the complaint case no. 168 of 2017, under Sections 323/392/427/452/504 and 506 I.P.C., Police Station- Sipri Bazar, District- Jhansi.
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 the summoning order dated 15.11.2018, therefore, the prayer for quashing the same is hereby refused.
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.
Accordingly, the present application is disposed of.
Order Date :- 25.4.2019 Pkb/