Sudhir Kumar & Ors. vs State Of U.P. & Another
2011 Latest Caselaw 5230 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 2987 of 2010
 

 
Petitioner :- Sudhir Kumar & Ors.
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Alok Kr. Srivastava,Uttam Kumar Verma
 
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  16.4.2010 passed by learned A.C.J.M., Court No. 5, Hardoi in complaint case No. 386 of 2010 under sections 406, 504, 506 IPC whereby the learned Magistrate concerned has taken the cognizance and summoned the applicants.

It is contended by learned counsel for the applicants that on the basis of the allegation mentioned in the complaint and statement recorded under section 200 and 202 Cr.P.C. the aforesaid offence are not made out even then  the learned Magistrate concerned has taken the cognizance and summoned the applicants, therefore, the the prayer for quashing the summoning order dated 16.4.010 is refused..

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.

With this direction, this application is finally disposed of.

Order Date :- 18.10.2011

RPD