Ashok Garg And Others vs The State Of U.P.& Another
2011 Latest Caselaw 5347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3144 of 2010
 

 
Petitioner :- Ashok Garg And Others
 
Respondent :- The State Of U.P.& Another
 
Petitioner Counsel :- Satyandra Pal Singh
 
Respondent Counsel :- Govt.Advocate,Rajiva Dubey
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants, learned A.G.A. and Sri Rajiv Dubey, learned counsel for O.P. No. 2.

This application has been filed with a prayer to quash the chargesheet No. 99 of 2010 dated 26.7.2010 in case crime No. 760 of 2009 under sections 467, 468, 471, 420, 448, 427, 120-B  IPC, P.S. Palia Kalan, District Lakhimpur Kheri pending in the court of learned C.J.M. Lakhimpur Kheri.

It is contended by learned counsel for the applicants that in the present case  the first informant has not lodged the FIR but on his behalf  the FIR has been written, such affidavit has been filed by first informant, but without doing the fair investigation the chargesheet has been submitted  and the learned Magistrate has taken the cognizance  on 13.5.2010, therefore, chargesheet as well as cognizance taken by the magistrate concerned 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.

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 :- 20.10.2011

RPD