Satpal And Others vs State Of U.P.And Another
2011 Latest Caselaw 493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 54
 

 
Case :- APPLICATION U/S 482 No. - 9284 of 2011
 

 
Petitioner :- Satpal And Others
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- R.D.Douholia
 
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 proceedings of Complaint Case No. 823 of 2009 under sections 379, 427, 504, 506 I.P.C. pending in the court of learned Civil Judge (Junior Division), Garh Mukteshwar, District Ghaziabad.

It is contended by learned counsel for the applicants that in respect of the land in dispute, the civl suit is pending, the allegation made against the applicants is that they have damaged the crop of the land in dispute. The allegations made in the complaint are false and frivolous which have been made for the purpose of harassment due to ulterior motive, therefore, 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