Application under Section 482 Cr.P.C. for quashing criminal proceedings was heard. The High Court refused the prayer for quashing but directed the Magistrate to expedite the discharge proceedings if claimed at the appropriate stage.
Prayer for quashing of criminal proceedings refused; right to discharge preserved at appropriate stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 14
Case :- APPLICATION U/S 482 No. - 43125 of 2017
Applicant :- Sukhram And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kharag Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,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 the case No. 872 of 2017 under Section 198 U.P. ZA & LR Act and Sections 353, 504, 506 IPC (State Vs. Sukhram and others) arising out of case crime no. 433 of 2015, Police Station Atrauli, District Aligarh pending in the court of Judicial Magistrate, Atrauli, District Aligarh.
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 of 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 Cr.P.C.
After hearing the learned counsel for the parties and after perusing the averments made in the present application, the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case, the applicants claim discharge at appropriate stage, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the court concerned.
With the aforesaid directions, this application is finally disposed of .
Order Date :- 4.1.2018 Jaswant
1 issue framed by the court
Whether the criminal proceedings initiated under U.P. ZA & LR Act and IPC should be quashed as they disclose no offence and are motivated by malafide intention for harassment.
3 provisions across 3 enactments
Sukhram And 7 Others
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
