Santosh Kumar and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40575 of 2023 Applicant :- Santosh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh,Sanjeev Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the entire record. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 1.4.2023, charge sheet dated 18.11.2022 as well as entire proceeding of case no. 8070 of 2023 (State Vs. Puttan Singh and others), arising out of case crime no. 176 of 2022, under sections 308, 323, 504, 506 IPC, P.S. Hussainganj, District Fatehpur. 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 summoning order dated 1.4.2023, charge sheet dated 18.11.2022, therefore, the prayer for quashing the same is hereby refused. At this stage, learned counsel for the applicants submits that applicants are on bail, therefore, they may be permitted to move discharge application before the court concerned and prayed that a direction may be issued to decide the same at the earliest. 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 239 Cr.P.C. before the Trial court 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. Accordingly, the present application is disposed of. Order Date :- 1.12.2023 Junaid High Court of Judicature at Allahabad