HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 4691 of 2011 Petitioner :- Girijesh Kumar Pandey Respondent :- The State Of U.P And Ors. Petitioner Counsel :- Prashant Singh "Atal" 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 proceedings of criminal case No. 2928 of 2011 under sections 420, 467, 468, 471 P.S. Kotwali Nagar, District Gonda pending in the court of learned C.J.M., Gonda..
It is contended by learned counsel for the applicants that on the allegations made against the applicant in FIR and material collected by the I.O. is not prima facie disclosing the offence of cheating and forgery even then without doing the fair investigation the charge sheet has been submitted. Therefore, the proceedings of the criminal case 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 :- 21.10.2011 RPD