Irshad @ Chhote Miyan And 7 Ors. vs State Of U.P. And 2 Ors.
2014 Latest Caselaw 7986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- APPLICATION U/S 482 No. - 44322 of 2014
 

 
Applicant :- Irshad @ Chhote Miyan And 7 Ors.
 
Opposite Party :- State Of U.P. And 2 Ors.
 
Counsel for Applicant :- Vijay Gautam
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajan Roy,J.

Heard learned counsel for the applicant and learned AGA for the State.

This application has been filed for quashing the summoning order dated 30.9.2013 and NWB order dated 18.7.2014, passed in Criminal Complaint Case No. 140 of 2013 and case Crime No. 461 of 2013 (Salahuddin Vs. Irshad and others) under section 395, 397, 504, 506 IPC, police station Atamddaula, district Agra.

The contention of the counsel for the applicant is that a false complaint has been instituted against the applicants. He submits that on 15.4.2013 an FIR was lodged by the applicants leading to a cross FIR by the respondent on 18.4.2013 against the aforesaid applicant. The complaint in question has been instituted alleging that the applicants had visited the residence of the respondents at Agra for settlement of some dispute which took an ugly shape and applicants beated the complainants brutally.

Considering the facts and circumstances of the case, I am not inclined to quash the aforesaid proceedings, instead, it is provided that the applicants may submit an application for discharge before the court concerned within a period of 30-days. In such event, the court concerned shall consider and decide the same in accordance with law within a period of one month thereafter.

Till disposal of the discharge application, no coercive application shall be taken against the applicants. However, in the event, the application of discharge is rejected, the applicants shall surrender and apply for bail and which shall be considered in the light of the decision rendered in the case of Smt. Amrawati and another Vs. State of UP reported in 2005 Cr. LJ. 755 which was approved by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of UP (2009) 4 SCC 347.

The applicants shall cooperate in the disposal of the application for discharge and no adjournments shall be sought by them.

With the aforesaid observations, the present  application under section 482 of Cr.P. C is disposed of.

Order Date :- 3.11.2014

SKS