Court No. - 54 Case :- APPLICATION U/S 482 No. - 875 of 2010 Petitioner :- Pramod Kumar Garg And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Nitin Gupta 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 to quash the order dated
15.7.2009 passed by learned Special Judicial Magistrate (C.B.I.),
Ghaziabad in complaint case No. 2377 of 2008 whereby the learned
Magistrate has summoned the applicants to face the trial under
sections 384, 506 IPC.
It is contended by the learned counsel for the applicants that
complaint of the present case has been filed with ulterior motive on
account of the earlier litigation. The allegation made therein are false
and frivolous but technically the applicants have been summoned to
face the trial.
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 :- 13.1.2010
RPD