Anand Kumar Mishra vs State Of U.P.And Another
2011 Latest Caselaw 486 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 9300 of 2011
 

 
Petitioner :- Anand Kumar Mishra
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Rakesh Kumar Srivastava
 
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 order dated 19.1.2011 passed by learned A.C.J.M. IInd, Gautam Budh Nagar vide Case No. 4069 of 2010 whereby the applicant has been summoned to face the trial for the offences punishable under sections 323, 504, 506, 354 I.P.C.

It is contended by learned counsel for the applicant that the applicant is a Radio Station Officer. The O.P.No.2 was working under the applicant, but she was not performing her duty regularly and honestly, it was objected by the applicant that is why the complaint of the present case has been filed against the applicant. It is a case in which nobody has sustained any injury. The applicant is at the verge of retirement. The complaint of the present case has been filed due to ulterior motive, therefore, the impugned order dated 19.1.2011 and the proceedings of the above mentioned case 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