Tarun Tandan And Anr. vs The State Of U.P And Anr.
2015 Latest Caselaw 564 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- U/S 482/378/407 No. - 2122 of 2015
 

 
Applicant :- Tarun Tandan And Anr.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Amol Kumar,Hari Bux Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mahendra Dayal,J.

Heard Sri Amol Kumar, learned counsel for the applicants and learned A.G.A. who has accepted notice on behalf of opposite party no.1.

By means of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the proceedings of Case Crime No.1241 of 2012 (State of U.P. Vs. Tarun Tandan and Amit Khatri) under Sections 420, 467, 468, 504, 506 IPC, relating to Police Station Kotwali Nagar, District Faizabad.

The submission of the learned counsel for the applicants is that the opposite party no.2 firstly filed a complaint under Section 138 N.I. Act in which the learned Magistrate passed an order summoning the applicants. Simultaneously, the opposite party no.2 lodged an First Information Report with regard to the same dispute, upon which the police conducted an investigation and submitted charge-sheet. The learned Magistrate acting upon the said charge-sheet has passed the summoning order dated 21.02.2012. The submission of the learned counsel for the applicants is that since the subject matter is the same in both the proceedings, therefore, they can not go on simultaneously.

Issue notice to the opposite party no.2 returnable at an early date.

List in the 2nd week of July, 2015.

Till then no coercive measure shall be taken against the applicants.

Order Date :- 19.5.2015

ank