Court No. - 43 Case :- APPLICATION U/S 482 No. - 24755 of 2010 Petitioner :- Ram Veer Respondent :- State Of U.P. And Another Petitioner Counsel :- Pankaj Kumar Shukla Respondent Counsel :- Govt Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicant and the learned A.G.A.
This application has been filed with a prayer to quash the proceedings
of case No. 1210-IX of 2008 under sections 427, 504 I.P.C., pending in
the court of learned IV A.C.J.M. Mathura.
It is contended by the learned counsel for the applicant that the charge
sheet in NCR No. 37 of 2008 has been submitted under sections 427,
504 I.P.C., Police Station Jamunapar, District Mathura, on which the
learned Magistrate concerned has taken cognizance and summoned the
applicant to face the trial. The allegations made against the applicant are
false and frivolous which have been made for the purpose of
harassment due to ulterior motive, even without doing proper
investigation the charge sheet has been submitted on which the learned
Magistrate concerned has taken cognizance in a mechanical manner
without applying his judicial mind, therefore, the the proceedings of the
above mentioned case may be quashed.
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 the 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, no coercive steps shall be
taken against the applicant.
With the above direction, this application is finally disposed of.
Order Date :- 6.8.2010
Su