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Conciliation Essay

392 words - 2 pages

Court No. - 50 Case :- APPLICATION U/S 482 No. - 30275 of 2014 Applicant :- Smt. Maya Devi And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Radhey Shyam Counsel for Opposite Party :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of complaint case no.1364 of 2013, under section 420 IPC, P.S. Maudarwaja, District Farrukhabad including the order dated ...view middle of the document...

Hence no offence is made out under section 420 IPC and as such entire proceeding is liable to be quashed. Learned AGA opposed aforesaid prayer. Considered the submission of counsel for the parties. Since the disputed question of facts requires appreciation of evidence hence at this initial stage it is not a fit case for interference under section 482 Cr.P.C. The defence version of the applicants has to be considered by the court concerned at appropriate stage. If objection/discharge application is filed on behalf of the applicants

within 30 days through counsel, it is expected that the court concerned will consider and decide the same carefully on merit by speaking and reasoned order, as expeditiously as possible, at appropriate stage, in accordance with law, on the basis of evidence adduced by the parties. The discharge application has to be decided after the evidence after stage of 244(2) Cr.P.C. The applicants may be permitted to appear through counsel after stage of 244 Cr.P.C. unless his presence is required on any particular date for statement or cross examination. Till application is decided on merit by the court concerned, at appropriate stage, no coercive steps shall be taken against the applicants. With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off. Order Date :- 6.8.2014 Pramod

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