Court No. - 43 Case :- APPLICATION U/S 482 No. - 24807 of 2010 Petitioner :- Sanjeev Kumar @ Bunti And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Mithilesh Kumar Tiwari 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 proceedings of
complaint case no. Nil of 2009 arising out of misc. application no. 173 of
2009 under section 156(3) Cr.P.C. under sections 452,323,504 and 506
I.P.C. P.S. Ganj Dundwara district Kashi Ram Nagar.
It is contended by the learned counsel for the applicants that in this case
nobody has sustained any injury and the allegation made against the
applicants are false and frivolous, therefore, the proceedings pending
against the applicants as well as the summoning order dated 23.10.2009
may be quashed.
From the perusal of the impugned order it appears that learned Magistrate
has taken cognizance and summoned the applicants after considering the
complaint and statements recorded under sections 200 and 202 Cr.P.C.
which discloses the offence against the applicants. There is no illegality
or irregularity in the impugned order therefore, the order prayer for
quashing the impugned order is refused.
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 :- 5.8.2010
N.A.