HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 3700 of 2009 Petitioner :- Yogendra Pratap Singh, Respondent :- State Of U.P., Petitioner Counsel :- R.K.Singh,Vishwas Shukla Respondent Counsel :- G.A.,K.K. Singh,Nisar Ahmad Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, learned A.G.A., Sri Nisar Ahmad and Sri K.K. Singh, learned counsel for the respondent.
This application has been filed with a prayer to quash the order dated 27.10.2006 passed by learned Addl.Civil Judge (J.D.), Court No. 36, Lucknow in case No. 6107 of 2007 where by the learned Magistrate and taken the cognizance and summoned the applicant to face the trial for the offence under sections 406, 506 IPC.
From the perusal of the record it appears that on the basis of the complaint and statement recorded under section 200 and 202 Cr.P.C. prima facie disclosing the commission of offence on which the learned Magistrate concerned has taken the cognizance. There is no illegality in the impugned order. The prayer for quashing the same is refused.
The interim order dated 12.10.2009 is hereby vacated.
Considering the submissions, made by learned counsel for the applicant 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 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 :- 20.10.2011 RPD