Chhatrapal Singh @ C.P. Singh and Another v. State of U.P.. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 37606 of 2023 Applicant :- Chhatrapal Singh @ C.P. Singh And Another Opposite Party :- State Of U.P.. And Another Counsel for Applicant :- Mohini Jaiswal,Arif Ikbal Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

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

¶2This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceeding of case no. 6892 of 2022 (State Vs. Rahul Kori and others), arising out of case crime no. 86/2022, under sections 147, 504, 506 IPC, P.S. Civil Lines, District Etawah, pending in the court of Chief Judicial Magistrate, Etawah, including summoning order dated 06.12.2022 passed in the aforesaid case.

¶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 6.12.2022, 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 239 Cr.P.C. through counsel 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 within a period of three months from the date of filing of discharge application in accordance with law.

¶7If the applicants move an application as stated above within two weeks from today, no coercive action shall be taken against the applicants till disposal of the said application or three months from today, whichever is earlier.

¶8Accordingly, the present application is disposed of. Order Date :- 6.11.2023 Arvind High Court of Judicature at Allahabad