Raj Kumar Singh Yadav vs State Of U.P.& Another.
2011 Latest Caselaw 5203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 2101 of 2002
 

 
Petitioner :- Raj Kumar Singh Yadav
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Alok Saxena
 
Respondent Counsel :- Govt.Advocate,B.P.Nigam
 

 
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 proceedings of criminal case No. 696 of 2002 under sections 409, 420, 467, 468, 471, 477-A IPC pending in the court of learned Special Addl. C.J.M. (Ahudhya Prakaran), Lucknow.

It is contended by learned counsel for the applicant that the allegations made against the applicant are false and frivolous which has been made for the purpose of harassment, but without doing the fair investigation the chargesheet has been submitted against the applicant, the same 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 applicant by way of moving the discharge application.

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 through his counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicant shall not be arrested.

It is further directed that if discharge application is rejected and the applicant appears before the court concerned immediately thereafter  within 15 days and applies for bail, the same shall be heard and disposed of expeditiously is possible on the same day by the courts below.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD