Smt. Badrunnisha, & Others vs State Of U.P.,
2011 Latest Caselaw 5148 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 701 of 2010
 

 
Petitioner :- Smt. Badrunnisha, & Others
 
Respondent :- State Of U.P.,
 
Petitioner Counsel :- Sharad Kumar Dixit
 
Respondent Counsel :- G.A.
 

 
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 proceedings of criminal case No. 4321 of 2009 arising out of chargesheet  submited in case crime No. 1253 of 2008 under sections 467, 468, 420 IPC, P.S. Gazipur, District Lucknow pending in the court of learned Special C.J.M. (Customs) Lucknow.

It is contended by learned counsel for the applicants that on the basis of allegations made against the applicants prima facie no offence is made out against the applicants, even then the charge sheet has been submitted on which the learned Magistrate concerned has taken he cognizance, therefore, the proceedings of criminal case as well as the order of cognizance 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 applicants by way of moving the discharge application.

Considering the submissions, made by learned counsel for the applicants and learned A.G.A., it is directed that in case applicants move discharge application within 30 days from today before the court concerned through their counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicants shall not be arrested.

The interim order dated 22.3.2010 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 17.10.2011

RPD