Ahsan Mumtaj And Others vs State Of U.P. And Anaother
2011 Latest Caselaw 5231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 2419 of 2005
 

 
Petitioner :- Ahsan Mumtaj And Others
 
Respondent :- State Of U.P. And Anaother
 
Petitioner Counsel :- S. Rahman,Azad Kumar
 
Respondent Counsel :- Govt. Advocate,Birendra Kumar Yadav,C.S.S.Yadav
 

 
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 24.7.2004 passed by learned A.C.J.M. Court No. 18, Sultanpur in criminal case No. 38 of 2004 whereby the learned magistrate has rejected the final report and summoned the applicants to face the trial for the offence punishable under sections 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act.

From the perusal of the record it appears that in the present case the final report has been rejected, the same has been protested by first informant by the first informant, the protest petition treated as a complaint, thereafter the learned magistrate recorded the statement under section 200 and 202 Cr.P.C.  After considering the same, the learned Magistrate has taken the cognizance and summoned the applicants to face the trial. There is no illegality in impugned order dated 24.7.2004, the prayer for quashing the same is refused.

The interim order dated 24.10.2005 is hereby vacated.

Considering the submissions made by learned counsel for the applicants it is directed that in case the applicants move discharge application within 30 days from today though 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