Ram Kumar vs State Of U.P.Through Its ...
2013 Latest Caselaw 2104 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 3856 of 2008
 

 
Petitioner :- Ram Kumar
 
Respondent :- State Of U.P.Through Its Principal Secretary Department Of
 
Petitioner Counsel :- Hemant Kumar Misra
 
Respondent Counsel :- Govt.Advocate,Santosh Kumar Srivastava
 

 
Hon'ble Ravindra Singh,J.

Heard Sri Hemant Kumar Misra, learned counsel for the applicants, 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 applicants 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 applicants 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 applicants, learned A.G.A. and learned counsel for O.P. No. 3, it is directed that in case applicants move 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 applicants shall not be arrested.

The interim order dated 22.10.2008 is hereby vacated. 

With this direction, this application is finally disposed of.

Order Date :- 14.5.2013

RPD