Jiya Lal Yadav and 7 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 37828 of 2023 Applicant :- Jiya Lal Yadav And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Yadav,Ankit Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2By means of instant application under Section 482 Cr.P.C, the applicants seeks to quash the summoning order dated 14.02.2023 including the entire proceeding of Case No. 26290 of 2021 (Nageshwar Yadav vs. Jiyalal Yadav & Others), under sections 323, 325, 427, 504 IPC, Police Station Alinagar, District Chandauli, pending in the court of Civil Judge (S.D.) F.T.C., Chandauli and further prayer to stay the further proceedings of the aforesaid case has been made.

¶3The 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.

¶4Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including summoning order dated 14.02.2023, therefore, the prayer for quashing the same is hereby refused.

¶5At 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.

¶6Considering 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 one month 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.

¶7Accordingly, the present application is disposed of.

¶8For a period of one month, no coercive action shall be taken against the applicants. Order Date :- 31.10.2023 Shiv High Court of Judicature at Allahabad