Dr.Kiran Malik vs The State Of U.P.& 2 Ors.
2013 Latest Caselaw 2031 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 2873 of 2006
 

 
Petitioner :- Dr.Kiran Malik
 
Respondent :- The State Of U.P.& 2 Ors.
 
Petitioner Counsel :- Gopal Narain Misra,Purnendu Chakravarty
 
Respondent Counsel :- Govt.Advocate,Ravindra Prasad Mishra
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This applicant has been filed with a prayer to quash the proceedings of case No. 427 of 2000 under section 304-A IPC pending in the court of learned C.J.M., Pratapgarh.

From the perusalof the record it appears that in the present case  the charge sheet has been submitted  in case crime No. 1241 of 1998, P.S. Kotwali Nagar, District Pratapgarh on which the learned Magistrate has taken the cognizance. The I.O. has collected the evidence/ material during investigation, the same is not available before this court. Therefore without expressing any opinion on the merits of the case it is directed that in case the applicant appears before the court concerned within 60 days from today and moves discharge application through his counsel, the same shall be heard and disposed of in accordance with law.

Till the disposal of the discharge application before the court concerned no coercive steps shall be taken.

The interim order dated 15.11.2006  is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 13.5.2013

RPD