Court No. - 54 Case :- APPLICATION U/S 482 No. - 548 of 2010 Petitioner :- Amar Singh Katiyar Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Ashok Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer that to quash the
entire proceedings of case crime No.2678 of 2008 (case crime no. 679 of
2009), under sections 420, 467, 468 and 471 IPC, P.S. Tahrauli, District-
Jhansi, pending in the court of Judicial Magistrate, Jhansi.
It is contended by learned counsel for the applicant that in the present case the
material collected by I.O., no offence under section 3/5/8 of Cow Slaughter
Act is made out and even a charge sheet has been submitted.
It is contented learned counsel for the applicant that FIR has been lodged in
respect of construction of building. The allegations made against the applicant
are not disclosed the offence , even then a charge sheet has been submitted.
In reply of the above contention, it is submitted by learned AGA that this plea
may be taken by the applicant by way of moving the discharged application
because all the offence is triable by court of Magistrate.
Considering the submissions, made by learned counsel for the applicant and
learned AGA, it is directed that in case applicant move a discharged
application within 30 days from today before the court concerned through his
counsel, the same shall be heard and disposed of under the provisions of the
law.
Till the disposal of that discharge application, no coercive step shall be taken
against the applicant.
With this directions, the application is disposed of.
Order Date :- 11.1.2010
PKC