Court No. - 54 Case :- APPLICATION U/S 482 No. - 2316 of 2010 Petitioner :- Mukesh Kumar Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Mohit Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of case
No. 1902 of 2009 under sections 498A, 323, 504, 323, 504, 325, 506
I.P.C.and ¾ D.P.Act, P.S.Mahila, District Moradabad pending in the court of
learned A.C.J.M. Court No.2, Moradabad.
From the perusal of the record it appears that the charge sheet has been
submitted in case crime No. 104 of 2004 under section 498-A, 323, 504, 325,
506 I.P.,P.S.Mahila, District Moradabad. In this case a Division Bench of this
Court has passed the order dated 20.11.2004 by which the applicants have
been directed to pay Rs.1200/- per month, thereafter, the order dated
26.2.2008 passed by another bench of this Court in criminal misc. application
No. 1385 of 2008 by which the proceedings of the trial court were expedited
but submission of the counsel is that O.P.No.2 is not traceable and has not
appeared before the court concerned, even she is not withdrawing the money
which has been deposited by the applicants, therefore, the proceedings before
the court cannot be expedited. The pendency of such proceedings shall not
serve any purpose, the same may be quashed.
It is submitted by learned A.G.A. that the court concerned may be directed to
take coercive steps to ensure the presence of O.P.No.2.
Considering the submission made by learned counsel for the
applicants,learned A.G.A. and from the perusal of the record it appears that at
this stage, there is no question of quashing the proceedings, therefore, the
prayer for quashing the proceedings is refused.
However, it is directed that the trial court shall take coercive steps to ensure
presence of O.P.No.2 so that the proceeding of the mentioned case may be
expedited , as directed earlier by this Court.
With the above direction, this application is disposed of finally.
Order Date :- 28.1.2010
Su