Smt.Ram Pati Pal vs State Of U.P. And 2 Others
2013 Latest Caselaw 2092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 1378 of 2008
 

 
Petitioner :- Smt.Ram Pati Pal
 
Respondent :- State Of U.P. And 2 Others
 
Petitioner Counsel :- Aditya Tiwari,Hemant Kumar Misra,Smt. Arti Ganguly
 
Respondent Counsel :- Govt.Advocate,Santosh Kumar Srivastava
 

 
Hon'ble Ravindra Singh,J.

Heard Sri Hemant Kumar Misra, learned counsel for the applicant, learned A.G.A. and Sri Santosh Kumar Srivastava, learned counsel for the respondent No. 3.

This application has been filed with a prayer to quash the  chargesheet dated  2.8.2007 in case crime No. 228-A of 2006 under sections 323, 504, 506 IPC and section 3(1)X SC/ST Act, P.S. Sammanpur, District Ambedkar Nagar pending in the court of learned C.J.M. Ambedkar Nagar vide criminal case No. 3630 of 2007.

It is contended by learned counsel for the applicant that in the present case without doing the proper investigation the charge sheet has been submitted on which the learned Magistrate has taken the cognizance  on 12.11.2007, therefore, the  chargesheet submitted against the applicant may be quashed.

In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for O.P. No. 3 that in the present case after doing the proper investigation the chargesheet has been submitted and the allegation made against the applicant are prima facie disclosing the offence under sections 323, 504, 506 IPC and section 3(1)X SC/ST Act,

Considering the submissions, made by learned counsel for the applicant, learned A.G.A. and learned counsel for O.P. No. 3, 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.

The interim order dated 16.9.2008 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 14.5.2013

RPD