HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 2083 of 2010 Petitioner :- Raj Kumar Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- B.P. Nigam Respondent Counsel :- Govt. Advocate,S K Asthana,S K Singh Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants, learned A.G.A. and learned counsel for O.P. No. 2.
This application has been filed with a prayer to quash the order dated 5.2.2010 passed by learned A.C.J.M. Hardoi in complaint case No. 357 of 2010 whereby the learned Magistrate has taken the cognizance and summoned the applicants to face the trial for the offence under sections 323, 504, 506, 452, 395 IPC.
From the perusal of the record it appears that after considering the complaint and statements recorded under section 200 and 202 Cr.P.C. which discloses the commission of aforesaid offence, the learned Magistrate concerned has taken the cognizance and summoned the applicants on 5.2.2010. The prayer for quashing the same 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 14.5.2010 is hereby vacated.
With this direction, this application is finally disposed of.
Order Date :- 18.10.2011 RPD