Ali Sher And Another. vs State Of U.P.& 2 Ors.
2013 Latest Caselaw 2206 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 499 of 2007
 

 
Petitioner :- Ali Sher And Another.
 
Respondent :- State Of U.P.& 2 Ors.
 
Petitioner Counsel :- G.M. Kamil
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with a prayer to quash the chargesheet  No. 30 of 2006  dated 26.5.2006 in case crime No. 98 of 2006 under sections 354, 506 IPC, P.S. Sampurna Nagar, District Kheri. 

It is contended by learned counsel for the applicants that   in the present case the FIR has been lodged on the basis of the false and frivolous  allegation but the allegation made therein have not been investigated by the I.O. and without doing the fair investigation the charge sheet has been submitted on which the cognizance has been taken by the learned Magistrate concerned

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  without expressing any opinion on the merits of the case, it is directed that in case applicants move discharge application within 60 days from today before the court concerned through their counsel, the same shall be heard and disposed of  expeditiously under the provisions of law. Till the disposal of that application no coercive steps shall be taken against the applicants.

The interim order dated 27.2.2007 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 16.5.2013

RPD