HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 2445 of 2010 Petitioner :- Ashok Kumar Rai Respondent :- State Of U.P. & Another Petitioner Counsel :- Vashu Deo Misra,Vinod Kumar Misra 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 charge sheet of case crime No. 25 of 2009 under sections 419, 420, 467, 468, 471 IPC and section 12 of Passport Act, P.S. Chhapiya, District Gonda pending in the court of learned C.J.M. Gonda in criminal case No. 1539 of 2010.
It is contended by learned counsel for the applicant that on the basis of the allegations made against the applicant no offence is made out, 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 :- 18.10.2011 RPD