Allahabad High Court High Court

Sushil And Others vs State Of U.P. And Another on 4 February, 2010

Allahabad High Court
Sushil And Others vs State Of U.P. And Another on 4 February, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 3187 of 2010

Petitioner :- Sushil And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Dharmendra Kumar
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants and learned A.G.A.
This application is filed by the applicants with a prayer that the charge sheet
of the case crime no. 397 of 2009, under Sections 147,148,353,336 I.P.C. and
section 7 Criminal Law Amendment Act P.S. Partapur district Meerut
pending in the court of Special Chief Judicial Magistrate, may be quashed.
It is contended by the learned counsel for the applicant that in the present case
nobody has sustained any injury and the allegations made in the complaint are
false and frivolous, which have been made in order to harass the applicants.
There was a protest in respect of the non action of the police in a murder case
therefore, a false F.I.R. has been lodged against the applicants.
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, submission made by the
learned counsel for the applicants and the learned A.G.A. it is directed that in
case the applicants move a discharge application 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 the discharge application bailable warrant/N.B.W., if any,
issued against the applicants shall be kept in abeyance.
With the above direction, this application is finally disposed of.

Order Date :- 4.2.2010
N.A.