Subhash Chandra Sharma vs State Of U.P.And Another
2011 Latest Caselaw 475 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 9303 of 2011
 

 
Petitioner :- Subhash Chandra Sharma
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Rajesh Kumar Srivastava,Manoj Kumar Gupta
 
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 complaint case No. 11623 of 2009 under section 406 I.P.C. pending in the court of learned J.M.Ist, Gorakhpur.

It is contended by learned counsel for the applicant that in the present case, the O.P.No.2 has lodged the FIR in case crime no. 352 of 2007 under section 406 I.P.C., Police Station Cantt. District Gorakhpur, after investigation, the final report has been submited, the same has been protested, the protest petition has been treated as complaint.Thereafter the statements under sections 200 and 202 Cr.P.C.have been recorded, after considering the statements, the learned Magistrate concerned has taken the cognizance and summoned the applicant vide order dated 22.10.2010 to face the trial for the offence punishable under section 406 I.P.C. The allegations made against the applicant are false and frivolous which have been made for the purpose of harassment, even on the basis of allegation made against the applicant, no offence is made out under section 406 I.P.C., therefore, the proceedings pending against the applicant may be quashed.

In reply to the above contention, it is submitted by the learned A.G.A. that such pleas may be taken by the applicant before the court concerned by way of moving application under section 245(2) Cr.P.C.

Considering the facts, circumstances of the case and submission made by the learned counsel for the applicant and the learned A.G.A. it is directed that in case the applicant moves an application under section 245(2) Cr.P.C, before the court concerned, through his counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law.

Till the disposal of that application, no coercive steps shall be taken against the applicant.

With the above direction, this application is finally disposed of.

Order Date :- 24.3.2011

Su