Allahabad High Court
Raj Kumar And 12 Others vs State Of U.P. And Another on 11 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:195745 Court No. - 91 Case :- APPLICATION U/S 482 No. - 36478 of 2023 Applicant :- Raj Kumar And 12 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Rajbhar,Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. By means of instant application under Section 482 Cr.P.C, the applicants seeks to quash the summoning order dated 25.07.2023 including the entire proceeding of Complaint Case No. 413 of 2023 (Akhilesh Vs. Raj Kumar and others), under sections 147, 323, 452, 504, 506 IPC, Police Station Newadhiya, District Jaunpur, pending in the court of Civil Judge (S.D.)/F.T.C., Jaunpur and further prayer to stay the further proceedings of the aforesaid case has been made.
3. 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.
4. Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including summoning order dated 25.07.2023, therefore, the prayer for quashing the same is hereby refused.
5. At this stage, learned counsel for the applicants submits that applicants may be permitted to move discharge application before the court concerned and prayed that some protection may be provided to the applicants.
6. Considering the request of the applicants and in view of the entirety of facts and circumstances of the case, it is provided that if the applicants appear and move an appropriate application for discharge under section 245(2) Cr.P.C. through counsel before the court below within three 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 within a period of two months from the date of filing of discharge application in accordance with law.
7. Accordingly, the present application is disposed of.
8. For a period of three weeks, no coercive action shall be taken against the applicants.
Order Date :- 11.10.2023 Shiv