Balram Pandey vs State Of U.P & 5 Ors.
2011 Latest Caselaw 5195 ALL

Citation : 2011 Latest Caselaw 5195 ALL
Judgement Date : 18 October, 2011

Allahabad High Court

Balram Pandey vs State Of U.P & 5 Ors. on 18 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 4584 of 2009
 

 
Petitioner :- Balram Pandey
 
Respondent :- State Of U.P & 5 Ors.
 
Petitioner Counsel :- Rajendra Nath
 
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 5.11.2009 passed by learned Special C.J.M. (Customs), Lucknow in case No. 3831 of 2009 whereby the learned Magistrate has taken the cognizance and summoned the applicant to face the trial on the basis of the chargesheet submitted in case crime No. 469 of 2007 under sections 498A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Gazipur, District Lucknow.

From the perusal of the record it appears that the allegation made in the FIR and he material collected by the I.O. are prima facie disclosing the commission of aforesaid offence. I.O. has not committed any error in submitting the charge sheet and learned Magistrate has also not committed any error in taking the cognizance. There is no illegality in submitting the chargesheet. The prayer for quashing the impugned order is refused.

Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 30 days from today before the court concerned, the same shall be heard and disposed of under the provisions of law.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD