HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 1981 of 2002 Petitioner :- Ram Lakhan Singh And (5) Ors. Respondent :- State Of U.P. Petitioner Counsel :- Ajai K. Singh,Amita Anand,Shikhar Anand Respondent Counsel :- Govt.Advocate,Shishir Pradhan 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 chargesheet dated 20.2.1999 and order dated 29.7.1999 passed in Crl. Misc. Application No. 6302 of 1999 State Vs. Ram Lakhan and others pending in the court learned C.J.M. Faizabad.
From the perusal of the record it appears that in the present case the FIR has been lodged in case crime No. 13 of 1998 under section 395, 397, 427 IPC, P.S. Patranga, Faizabad. After investigation the charge sheet has been submitted on which the learned Magistrate has taken the cognizance on 297.1999. The material collected by the I.O. is prima facie disclosing the offence. The learned Magistrate has not committed any error in taking the cognizance. The prayer for quashing the impugned order dated 29.7.1999 is 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.
The interim order dated 13.11.2002 is hereby vacated.
With this direction, this application is finally disposed of.
Order Date :- 18.10.2011 RPD