MAHJAVEE Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

(2.) The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the order dated 02.03.2019 passed by learned Second Additional Civil Judge (Junior Division)/Judicial Magistrate, Amroha in complaint case no. 1636 of 2018 (computer case no. UPJB060056412017), under Sections 452, 323, 379 IPC, P.S. Amroha City, District J.P. Nagar as well as further proceedings of the aforesaid case.

(3.) Perusal of record shows that respondent no. 2 Smt. Sadab Parveen has lodged an FIR under Sections 147, 452, 323, 379 IPC against the applicants and after investigation, police have submitted final report. On the protest petition of respondent no. 2, a complaint case was registered and thereafter, summoning order dated 14.07.2014 was passed. Applicants have moved an application for discharge under Sections 239 and 245 Cr.P.C., which was rejected vide order dated 18.08.2018. That order was challenged in Criminal Revision No. 3964 of 2018 before this Court and by order dated 19.11.2018 passed by this Court in the aforesaid criminal revision, the order of trial court dated 18.08.2018 was set aside and court below was directed to decide discharge application of the applicants on merits, in accordance with law. Thereafter, learned court below has passed impugned order dated 02.03.2019, by which the application for discharge filed by the applicants has been rejected.