Somesh Sahai vs State Of U.P.
2013 Latest Caselaw 2154 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 857 of 2009
 

 
Petitioner :- Somesh Sahai
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- B.P.Nigam
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with a prayer to quash the order dated 27.1.2009 passed by learned A.C.J.M.-III, Lucknow in case No. 637 of 1998 arising out of the charge sheet submitted in case crime No. 281 of 2008 under sections 420, 467, 468, 471 IPC, P.S. Chowk, District Lucknow.

From the perusal of the record it appears that the impugned order dated 27.1.2009 has been passed by learned A.C.J.M.-III, Lucknow  by which the discharge application has been rejected. In the present case the charge sheet has been submitted by the I.O. after collecting the material. The material collected by the I.O. is prima facie disclosing the aforesaid offence. The learned Magistrate has also not committed any error in taking the cognizance the learned Magistrate has also not committed any error in passing the impugned order dated 27.1.2009 by which the discharge application has been rejected. The impugned order is well reasoned order. It does not require any interference by this court. The prayer for quashing the same is refused.

However, considering the submission made by learned counsel for the applicant that it is a too old case and is still pending, it is directed that the proceedings of the above mentioned case shall be expedited without granting any unnecessary adjournment to either of the side, thte same same shall be commenced on day to day basis.

With this observation, this application is disposed of.

Let a copy of this order be communicated to the court concerned through C.J.M. Lucknow forthwith for the compliance.

Order Date :- 15.5.2013

RPD