Raj Goel vs The State Of U.P And Others
2011 Latest Caselaw 5328 ALL

Citation : 2011 Latest Caselaw 5328 ALL
Judgement Date : 20 October, 2011

Allahabad High Court

Raj Goel vs The State Of U.P And Others on 20 October, 2011

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 4244 of 2010
 

 
Petitioner :- Raj Goel
 
Respondent :- The State Of U.P And Others
 
Petitioner Counsel :- P.Chakravary
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Learned counsel for the applicant files rejoinder affidavit.

Heard learned counsel for the applicant, learned A.G.A. and Sri Surya Kant Singh, learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the order dated 27.4.2010 passed on the charge sheet submitted in case crime No. 113 of 2004 under sections 467, 468, 471, 420-B, 201, 218 IPC and section 7/13 P.C. Act, P.S. Kotwali Nagar, District Kanpur Nagar pending in the court of learned Special Judge (P.C. Act) Lucknow in case No. 5 of 2010.

It is contended by learned counsel for the applicant that FIR and material collected by the I.O. no offence is made out even then without doing the fair investigation, the chargesheet has been submitted and learned Magistrate concerned has taken the cognizance. Therefore, the charge sheet as well as the cognizance has been taken by the learned Special Judge (P.C. Act) 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 applicants by way of moving the discharge application.

In reply of the above contention, it is submitted by learned A.G.A. and Sri Surya Kant Singh, learned counsel for O.P. No. 2 that such plea may be taken by the applicant by way of filing the discharge application before the court concerned.

Considering the submissions, made by learned counsel for the applicant, learned A.G.A., and learned counsel for O.P. No.2 , 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.

With this direction, this application is finally disposed of.

Order Date :- 20.10.2011

RPD