Rama Kant Misra vs State Of U.P. And Another
2013 Latest Caselaw 2210 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 776 of 2007
 

 
Petitioner :- Rama Kant Misra
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Sharad Pathak
 
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  criminal proceedings of of case No. 112 of 2007 arising out of charge sheet submitted in case crime No.  541 of 2004 under sections 467, 468, 471, 419, 420, 201, 409, 120-B IPC, P.S. Musafirkhana, District Sultanpur pending in the court of learned Judicial Magistrate, Musafirkhana, District Sultanpur.

It is contended by learned counsel for the applicant that the allegations made against the applicant are false and frivolous which has been made for the purpose of harassment, but without doing the fair investigation the chargesheet has been submitted against the applicant and without applying the judicial mind the learned Magistrate has taken the cognizance, therefore, the proceedings of the above mentioned case may be quashed.

In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant by way of moving the discharge application.

Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 60 days from today before the court concerned through his counsel, the same shall be heard and disposed of expeditiously under the provisions of law. Till the disposal of discharge application, no coercive steps shall be taken against the applicant.

The interim order dated 21.3.2007 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 16.5.2013

RPD