Court No. - 54 Case :- APPLICATION U/S 482 No. - 1462 of 2010 Petitioner :- Shiv Dutt And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- R.L. Verma Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicants and the learned A.G.A.
This application has been filed with a prayer quash the order dated
27.5.2008 passed by learned J.M. Tilhar, Shahjahanpur in complaint
case No. 6 of 2008 whereby the applicants have been summoned to
face the trial for the offence under sections 323, 504, 506(2) IPC.
It is contended by the learned counsel for the applicants that in this
case nobody has sustained any injury. The complaint has been
lodged against the the applicants on the basis of false and frivolous
allegation for the purpose of harassment due to ulterior motive, the
learned court concerned has taken cognizance in a mechanical
manner. The applicants are innocent, they have not committed the
alleged offence, therefore, the proceedings pending against the
applicants may be quashed.
In reply to the above it is submitted by the learned A.G.A. that the
court concerned has taken cognizance after considering the
complaint and the statement recorded under section 200 and 202
Cr.P.C., the remedy is available to the applicants by way of moving
an application under section 245(2) Cr.P.C. before the court
concerned. Considering the facts, circumstance of the case and
submission of the learned counsel for the applicants and the learned
A.G.A. it is directed that in case the applicants move an application
under section 245(2) Cr.P.C. through their counsel within 30 days
from today before the court concerned, the same shall be heard and
disposed of expeditiously in accordance with the provisions of law.
Till the disposal of the above mentioned 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 :- 21.1.2010
RPD