Court No. - 54 Case :- APPLICATION U/S 482 No. - 2949 of 2010 Petitioner :- Shiv Mohan Shingh Yadav And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- P.K. Rai 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 proceedings
of case no. 257 of 2008 under sections 147, 323, 379, 504 and 506
I.P.C., P.S. Bhanwarkol, District Ghazipur.
It is contended by learned counsel for the applicants that the land from
where the crop has been cut is under litigation, no offence is made out,
the complaint has been filed against the applicants in which they have
been summoned. The allegations made against the applicants are false
and frivolous which have been made for the purpose of harassment.
In reply to the above contention, it is submitted by the learned A.G.A.
that such pleas may be taken by the applicants before the court
concerned by way of moving application under section 245(2) Cr.P.C.
Considering the facts, circumstances of the case and submission made
by the learned counsel for the applicants and the learned A.G.A. it is
directed that in case the applicants move application under section
245(2) Cr.P.C, before the court concerned, through their counsel within
30 days from today, the same shall be heard and disposed of
expeditiously in accordance with the provisions of law.
Till the disposal of that application, no coercive steps shall be taken
against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 1.2.2010
Su