Court No. - 55
Case :- APPLICATION U/S 482 No. - 42579 of 2018 Applicant :- Vedpal Gangwar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Srivastava 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 the impugned summoning order dated 17.11.2016 passed by Civil Judge (Junior Division)/Judicial Magistrate, Pilibhit as well as Complaint Case No. 117 of 2016 (Chhatrapal Versus Vedpal and others), under Sections 392, 323, 506 I.P.C., Police Station Bilsanda, District Pilibhit, pending in the court of Civil Judge (Junior Division) / Judicial Magistrate, Pilibhit.
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 summoning order dated 17.11.2016, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
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.
Order Date :- 27.11.2018 NS