Siratul Nisa And Others vs The State Of U.P And Another
2013 Latest Caselaw 2322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 1244 of 2011
 

 
Petitioner :- Siratul Nisa And Others
 
Respondent :- The State Of U.P And Another
 
Petitioner Counsel :- Manoj Kumar Misra
 
Respondent Counsel :- Govt. Advocate,Dileep Kumar Pathak
 

 
Hon'ble Ravindra Singh,J.

Heard the learned counsel for the applicant and the learned A.G.A. for the State of U.P.

This application has been filed with a prayer to quash the charge sheet of case crime no. C-9 of 2008 under sections 419,420,504,506 I.P.C. P.S. Katra Bazar district Gonda pending in the court of  A.C.J.M. Gonda

It is submitted by the learned counsel for the applicant that in the present case land in dispute belong to the applicant, no offence of cheating is made out, even then without doing proper investigation the charge sheet has been submitted on which the learned magistrate concerned has taken cognizance.

Considering the facts and circumstances of the case and submission made by the learned counsel for the applicant and the learned A.G.A. and  without expressing any opinion  on the merits of the case, it is directed that in case the applicant moves a discharge application before the court concerned within 60 days from today, the same shall be heard and disposed of in accordance with law.

 Till the disposal of the discharge application no coercive steps shall be taken against the applicant.

The interim order dated 15.3.2011 is hereby vacated.

With this direction this application is finally disposed of.

Order Date :- 17.5.2013

NA