Application u/s 482 Cr.P.C. seeking quashment of cognizance order dismissed. Court held alternative remedy under Section 245(2) Cr.P.C. was available and prayed for quashing not appropriate. Applicants appointed to file discharge application to court below.
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 37862 of 2018
Applicant :- D. Manjunath And Anr Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indra Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the congnizance order dated 28.11.2017 passed by Additional Chief Judicial Magistrate, Meerut in Complaint Case No. 4336 of 2017 (M/s Amar vs. Manjunath and others) under Section 420 I.P.C. Police Station - T.P. Nagar, District - Meerut as well as the entire proceedings of the Complaint Case.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants, even so learned trial court has passed the impugned order.
As per provision of Section 245 (2) Cr.P.C., applicants have alternative remedy to get themselves discharge before trial court. Accordingly, it is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.
In view of above, the prayer for quashing the entire proceeding as well as cognizance order in the aforesaid complaint case, is hereby refused.
However, if applicants submit application for discharge under Section 245(2) of Cr.P.C. through counsel within 30 days from today, the same shall be decided by the court below by a reasoned and speaking order.
Till the disposal of the discharge application under Section 245(2) of Cr.P.C., no coercive action shall be taken against the applicants.
In the result, application u/s 482 Cr.P.C. is disposed of. Order Date :- 15.11.2018
VG..
D. Manjunath
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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