HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- APPLICATION U/S 482 No. - 21803 of 2011 Petitioner :- Prerna Upadhyay Respondent :- State Of U.P. And Another Petitioner Counsel :- Sunil Kumar Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present 482, Cr.P.C. application has been filed for quashing the proceedings of complaint case no. 3844 of 2010 under Section 406, 420, 506 IPC pending before Additional Chief Judicial Magistrate, court no. 3, Saharanpur.
It is contended by the learned counsel for the applicant that the allegation against the applicant is that the opposite party no. 2 had given Rs. 2,90,000/- to the applicant for admission of her son and when the admission was not given, the opposite party no. 2 filed complaint. It is also contended that the complainant has not specified as to how the said amount is paid to the applicant; in fact the applicant has taken security money, which has been returned to the complainant. It is, thus, argued that the applicant has been falsely implicated in the present case.
No useful purpose would be served in keeping the application pending and with the consent of learned counsel for the parties, this application is disposed of finally with the direction that in case the applicant files application for discharge under the Cr.P.C. within 30 days from today, same shall be considered and decided by the Additional Chief Judicial Magistrate, court no. 3, Saharanpur, expeditiously, preferably within a period of three months thereafter, in accordance with law.
For a period of four months from today or till the disposal of application for discharge, whichever is earlier, no coercive action shall be taken against the applicant.
Order Date :- 11.7.2011 Ashish