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Section 482 Cr.P.C in 498A directed to file 239 Cr.P.C in Lower court

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. – 14

Case :- U/S 482/378/407 No. – 525 of 2020

Applicant :- Ram Mohan Agnihotri & Others

Opposite Party :- State Of U.P. & Another

Counsel for Applicant :- Bhagwati Prasad Nigam

Counsel for Opposite Party :- G.A.

Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners and learned Counsel appearing for the State.

The present petition under Section 482 Cr.P.C., has been filed to quash summoning order dated 04.10.2019 as well as entire criminal proceedings of Criminal Complaint Case No.1192 of 2018, under Sections 498A, 323 IPC and Section 4 of Dowry Prohibition Act, P.S. Kotwali City, District Hardoi pending in the Court of C.J.M. Hardoi.

The contention of the counsel for the petitioners is that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Learned Counsel 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 petitioners have got a right of discharge under Section 239 or 227/228/245 Cr.P.C., as the case may be, through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

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 petitioners Ram Mohan Agnihotri, Swaroop Narayan Agnihotri, Smt. Meena Agnihotri @ Mamta, Shiv Narayan Agrnihotri, Smt. Manjani Agnihotri, Kanhaiya Lal and Radhika Agnihotri move an appropriate application for discharge through counsel before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of two months.

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No coercive action shall be taken against the petitioners for the next 15 days from today which benefit shall extend for further two months or disposal of the discharge application, whichever is earlier, only if the petitioners move the said application within 15 days from today.

In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.

With the aforesaid directions, this petition is disposed of.

Order Date :- 28.1.2020

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