Allahabad High Court
Ashok Kumar Tiwari And Others vs State Of U.P. Thru. Prin. Secy. Home And ... on 27 January, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- U/S 482/378/407 No. - 7072 of 2017 Applicant :- Ashok Kumar Tiwari And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Ors. Counsel for Applicant :- Rajesh Sharma,Abhishek Misra Counsel for Opposite Party :- Govt. Advocate,Anuj Pratap Singh,Khushboo Singh,Ratnesh Trivedi,Satyendra Prakash Singh Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners and learned A.G.A.
The present petition under Section 482 CrPC has been filed for quashing the charge sheet no.97/2011 dated 21.11.2011 and cognizance order dated 12.04.2013 and also quash the proceedings of case no.2075 of 2013 (State vs. Ashok Kumar Tiwari and Others) pending in the court of learned Additional chief Judicial Magistrate - IV, Lucknow arising out of case crime no.115/2011, under Section 498-A, 323, 494, 506 IPC, Police Station Nagram, District - Lucknow.
The contention of the learned counsel for the petitioners is that no offence against the petitioners are 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.
The disputed defence of the accused cannot be considered at this stage. Moreover, the petitioners have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case the petitioners move an appropriate application for discharge through counsel before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed of as expeditiously as possible, in accordance with law, by the concerned court below, preferably within a period of two months.
No coercive action shall be taken against petitioners for the next 15 days from today which benefit shall extend for further two months or disposal of the discharge application, whichever is earlier, only if petitioners move the said application within 15 days from today.
In case no such application is filed within a period of 15 days from today as prescribed above the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.1.2020 mks