HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- APPLICATION U/S 482 No. - 13127 of 2014 Applicant :- Smt. Shakuntala Devi And 10 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Sanjay Mishra Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Sanjay Mishra, learned counsel for the opposite party no.2.
The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Criminal Case No. 157 of 2013 under Sections 494, 504, 506, 379 I.P.C., pending before learned Additional Chief Judicial Magistrate, Ist, District Aligarh.
Learned counsel for the applicants contends that the applicant nos.1 is the wife of the opposite party no.2 who had made a complaint against her in-laws with regard to illicit relations of the her husband on account of which, the opposite party no.2 has initiated the present proceedings against the applicants, which is bad in law.
Learned counsel for the opposite party no.2 states that the controversy involved in the present case is of factual in nature which cannot be gone into by this Court.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion, that no useful purpose would be served in keeping the petition pending which is finally disposed of with the direction that in case, the applicants move an appropriate application for discharge under the relevant provisions of the Code of Criminal Procedure, before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter.
For a period of five months from today or till the disposal of the discharge application whichever, is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
It is made clear that if the aforesaid application is not filed within the time stipulated by this Court, the protection granted by this Court shall automatically stands vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 29.7.2015 S.Ali