HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- APPLICATION U/S 482 No. - 15224 of 2015 Applicant :- Mukesh Botham And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- A.P. Tewari,O.P. Katiyar Counsel for Opposite Party :- Govt. Advocate Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 2576 of 2015 arising out of Crime No. 535 of 2014, under Sections 147, 281, 341 I.P.C. and Section 6 Joint Province Special Right Act 1932 and Section 3 Prevention of Damages to Public Property Act, Police Station Kotwali Farrukhabad, District Farrukhabad.
The contention of the 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 harassment. He pointed out certain documents and statements in support of his contention.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case the applicants move an appropriate application for discharge before the concerned court below within a period of 45 days 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 aforsaid case.
In case no such application is filed within a period of 45 days from today, as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 28.5.2015 Ashish Pd.