Kanhaiya Lal And Others vs State Of U.P.And Another
2011 Latest Caselaw 479 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 9287 of 2011
 

 
Petitioner :- Kanhaiya Lal And Others
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Raj Bahadur
 
Respondent Counsel :- Govt. Advocate
 

 
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 order dated 4.3.2011 passed by learned Additional Chief Judicial Magistrate, Court No.9, Varanasi in complaint case No. 216 of 2011 whereby final report has been rejected and the applicants have been summoned to face the trial for the offences punishable under sections 40, 467, 468, 471 I.P.C.

It is contended by learned counsel for the applicants that in the present case, the FIR has been lodged against the applicants, after investigation, the final report has been submitted but the same has been protested by O.P.No.2, 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 rejected the final report and the applicants have been summoned to face the trial for the offence punishable under sections 420, 467, 468, 471 I.P.C., therefore, the impugned order as well as the proceedings pending against the applicants 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 applicants 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 applicants and the learned A.G.A. it is directed that in case the applicants move application under section 245(2) Cr.P.C, before the court concerned, through their 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 applicants.

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

Order Date :- 24.3.2011

Su