Court No. - 55
Case :- APPLICATION U/S 482 No. - 41793 of 2018 Applicant :- Uma Shankar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pt. Sita Ram Vishwakarma 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 case including summoning order dated 31.08.2015 in complaint case no.2794 of 2015, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Charwa, District Kaushambi and order dated 13.04.2017 passed in Criminal Revision No.123 of 2015.
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 impugned orders dated 31.08.2015 and 13.04.2017, 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