Ram Pal Singh And (3) Ors. vs State Of U.P.
2011 Latest Caselaw 5196 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1073 of 2003
 

 
Petitioner :- Ram Pal Singh And (3) Ors.
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- R.N.Gupta
 
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 23.2.2001passed by learned A.C.J.M. III Hardoi in case No. 190 of 2001 whereby the learned Magistrate has taken the cognizance and summoned the applicants  to face the trial.

It is contended by learned counsel for the applicants that in the present case no offence under section 3(1)X SC/ST Act is made out  even the chargesheet has been submitted under section 3(1)X SC/ST Act. The learned Magistrate concerned has taken the cognizance without applying the judicial mind whereas no offence under section 3(1)X SC/ST Act is made out.

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 21.8.2003 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD