Court No. - 55
Case :- APPLICATION U/S 482 No. - 46345 of 2018 Applicant :- Smt Veerwati @Veermati And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No.550 of 2016 (Veerpal Singh Vs. Smt. Veervati and others), under Sections 323, 504, 506 IPC, Police Station- Lodha, District Aligarh, pending in the Court of Judicial Magistrate III Aligarh and summoning order dated 19.08.2016 passed by the court of Additional Chief Judicial Magistrate, Court No.5 Aligarh.
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 19.08.2016, 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 :- 19.12.2018 Junaid