The court dismissed an application seeking quashing of an order rejecting an application to discharge the applicants under Section 245(2) Cr.P.C., finding no illegality and noting the existence of a prima facie case, while relying on a coordinate bench's earlier dismissal of the matter.
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 32904 of 2018
Applicant :- Ram Sevak And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 02.02.2018 passed by A.C.J.M.II, Banda, District Banda in complaint case no.936 of 2016.
Learned counsel for the applicants submitted that the order dated 02.02.2018 passed by the A.C.J.M., II, Banda by which application under Section 245 (2) Cr.P.C. was dismissed without considering the relevant facts and legal position of the present case. He also pointed out that said complaint case was filed in the year 2011 and summoning order was issued in the year 2013 which is contrary to statutory provision i.e. 468 Cr.P.C. He further submitted that entire criminal proceeding is malicious proceeding only to harass the applicants. The applicants have not committed any offence as alleged in the complaint. He further submitted that opposite party no.2 wants to pressure on the applicant.
It is next submitted that money along with gold article has already been handed over to the opposite party no.2.
After perusal of the order dated 02.02.2018 I do not find any illegality in the impugned order. Learned Magistrate has dismissed the application under Section 245 (2) after considering the facts of the case and found that prima facie case is made out against the applicants. It was also brought to my notice that earlier the present applicants have filed an application under Section 482 Cr.P.C. No.41204 of 2013 which was dismissed vide order dated 14.11.2013 by coordinate Bench of this Court. Earlier the coordinate Bench of this Court passed the order dated 14.11.2013 after considering all the facts and legal position as argued today and disposed of application under Section 482 Cr.P.C. No.41204 of 2013.
I do not find any merit to interfere with the impugned order dated 02.02.2018. The present application is hence dismissed.
Order Date :- 10.10.2018 Asha
Ram Sevak And 2 Others
State Of Up And Another
Chandra Dhari Singh
As recorded by the court registry
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