Court No. - 43 Case :- APPLICATION U/S 482 No. - 24617 of 2010 Petitioner :- Prem Chandra And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Km. Rachna Tiwari 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 Charge sheet
dated 23.4.2009 in Case Crime No. 467 of 2009, under section 420
I.P.C., Police Station Sumerpur, District Hamirpur pending in the court
of learned C.J.M. Hamirpur.
It is contended by the learned counsel for the applicants that even on the
basis of material collected by the I.O.,no offence under section 420
I.P.C. is made out but the learned Magistrate concerned has taken the
cognizance in a mechanical manner. The charge sheet submitted against
the applicants may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A.
and learned counsel appearing on behalf of O.P.No.2 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 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, no coercive steps shall be
taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 4.8.2010
Su