- Court
- High Court of Judicature at Allahabad
- Decided
- 15 December 2023
- Case no.
- A482 45849/2023
Judgment
Court No. - 87 Case :- APPLICATION U/S 482 No. - 45849 of 2023 Applicant :- Raghav Bhatia And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
¶1Heard learned counsel for applicants, learned A.G.A. for State and perused the record.
¶2This application under Section 482 Cr.P.C. has been filed for quashing of complaint dated 17.2.2023 as well as summoning order dated 20.7.2023 in Criminal Complaint Case No. 47267 of 2023 (Kaptan Singh Vs. Ruchir Bhatia and others) pending in the court of Metropolitan Magistrate, Court No. 4, Kanpur Nagar, under Section 323, 504, 506 IPC P.S. Mahrajpur, Distt. Kanpur Nagar.
¶3The contention of 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.
¶4Learned A.G.A. has opposed the submissions made by learned counsel for the applicants.
¶5Under the provisions of Criminal Procedure Code, the applicants have alternative remedy to get themselves discharged before trial court. Accordingly, it is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
¶6In view of above, the prayer for quashing of complaint case as well as summoning order of aforesaid case is hereby refused.
¶7Accordingly, application u/s 482 Cr.P.C. is disposed of.
¶8However, learned trial court is directed that if applicants submit appropriate application under Section 239 Cr.P.C. through counsel for discharge within thirty days from today, the same shall be decided within thirty days from the date of presentation of application by speaking order.
¶9Till the disposal of discharge application or for a period of two months, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case crime number. Order Date :- 16.12.2023 ADY High Court of Judicature at Allahabad
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