Court No. - 54 Case :- APPLICATION U/S 482 No. - 1233 of 2010 Petitioner :- Satya Narain Rastogi Respondent :- State Of U.P. Petitioner Counsel :- M.N. Singh,Manoj Kumar Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of
Criminal case no. 74 of 2009 Crime no. 292 and 394 of 2007 under
sections 447 I.P.C. and section 2/3 of Gangster Act and section 30 Arms
Act pending in the court of Special Judge Gangster Act/ Additional
Sessions Judge, Court No. XII Bareilly, Police Station Roja district
Shahjahanpur.
It is contended by the learned counsel for the applicant that the applicant
is the owner of the land in dispute,the lodging of the F.I.R. is barred by
law, no offence under sections 447 I.P.C. on such offence section 2/3 of
the Gangster Act can not be imposed upon the applicant, the submission
of charge sheet is illegal.
In reply to the above contention, it is submitted by the learned A.G.A.
that such pleas may be taken before the court concerned by way of
moving discharge application.
Considering the facts, circumstances of the case and submission made by
the learned counsel for the applicant and the learned A.G.A. it is directed
that in case the applicant moves a discharge application before the court
concerned, through his 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 the discharge application bailable warrant/N.B.W., if
any, issued against the applicant shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 19.1.2010
N.A.