Court No. - 68
Case :- APPLICATION U/S 482 No. - 16557 of 2019 Applicant :- Pappe Raien And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, Anjum Haq on behalf of the complainant and learned A.G.A. for the State and perused the entire record.
Vakalatnama filed today by Anjum Haq on behalf of the complainant is taken on 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 18.03.2019 passed by learned IIIrd Additional Sessions Judge/ Special Judge (D.A.A.), Jhansi in Complaint Case No. 28 of 2017 (Km Afsana vs. Pappe Raien and others), arising out of Case Crime No. 301 of 2014, under Section 436, 452, 392, 504, 506 I.P.C., Police Station- Nawabad, 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 order dated 18.03.2019, 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 :- 26.4.2019 Pkb/