Pawan Saraswati vs State Of U.P.& Another.
2013 Latest Caselaw 2323 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 943 of 2005
 

 
Petitioner :- Pawan Saraswati
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Duregesh Nandini
 
Respondent Counsel :- Govt.Advocate,Rishi Pal Singh
 

 
Hon'ble Ravindra Singh,J.

Learned A.G.A. files counter affidavit.

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

This application has been filed with a prayer to quash the chargesheet of case crime No. 420 of 2002 under sections 419, 420, 467, 468, 471 IPC, P.S.  Mishrikh, District Sitapur pending in the court of learned Addl. Civil Judge (Sr.Div.)-II, Sitapur vide criminal case No. 5056 of 2004.

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, the same 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 move discharge application within 60 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,  no coercive steps shall be taken against the applicant.

The interim order dated 25.4.2005 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 17.5.2013

RPD