HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 2757 of 2010 Petitioner :- Ram Sewak And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Alok Kumar Srivastava,Vinod Kumar 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 order dated 16.4.2010 passed by learned A.C.J.M., Court No. 5, Hardoi in complaint case No. 386 of 2010 under sections 406, 504, 506 IPC whereby the learned Magistrate concerned has taken the cognizance and summoned the applicants.
It is contended by learned counsel for the applicants that on the basis of the allegation mentioned in the complaint and statement recorded under section 200 and 202 Cr.P.C. the aforesaid offence are not made out even then the learned Magistrate concerned has taken the cognizance and summoned the applicants, therefore, the prayer for quashing the summoning order dated 16.4.2010 may be refused.
Considering the submissions, made by learned counsel for the applicants and learned A.G.A., it is directed that in case applicants move discharge application within 30 days from today before the court concerned through their counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicants shall not be arrested.
With this direction, this application is finally disposed of.
Order Date :- 18.10.2011 RPD