Smt. Urmila Devi And Others vs State Of U.P. And Another
2012 Latest Caselaw 167 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 12354 of 2012
 

 
Petitioner :- Smt. Urmila Devi And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Vijay Singh Kushwaha
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicants and learned AGA.

The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer that the prosecution of the applicants in Complaint Case No.2787 of 2011, under Sections 147, 354, 356, 504, 506 I.P.C., Police Station Kasganj, District Kanshi Ram Nagar be quashed.

Learned counsel for the applicants submitted that the impugned complaint has been filed by the opposite party no.2 containing absolutely false and frivolous allegations with the ulterior intention of harassing the applicants and although no offence against the applicants is disclosed from the material on record, yet the court below has summoned the applicants in a mechanical manner.

He further submitted that since the prosecution of the applicants is manifestly attended with mala fides the same is liable to be quashed.

In reply to the above contention, it is submitted by the learned AGA that such plea may be taken by the applicants before the court concerned by moving an application under section 245(2) Cr.P.C.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned AGA, it is directed that in case the applicants move an application under section 245(2) Cr.P.C. before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.

With the above direction, this application is finally disposed of.

Order Date :- 11.4.2012

Bhaskar