HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 4098 of 2008 Petitioner :- Dr.R.C.Saxena Respondent :- State Of U.P. Petitioner Counsel :- Saurabh Srivastava,Prahibha Vaish Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the chargesheet No. 2 of 2007 dated 20.6.2007 arising out of case crime No. 21 of 2001 under sections 420, 457, 486, 471, 120-B IPC and section 13(1) read with section 13(2) Prevention of corruption Act, Lucknow vide criminal case No. 40 of 2007.
It is contended by learned counsel for the applicant the the allegations made against the applicant are not disclosing the prima facie offence, but without doing the fair investigation the chargesheet has been submitted against the applicant, the same may be quashed.
In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant by way of moving the discharge application.
Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 30 days from today before the court concerned through his counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicant shall not be arrested.
With this direction, this application is finally disposed of.
Order Date :- 17.10.2011 RPD