Court No. - 43 Case :- APPLICATION U/S 482 No. - 24600 of 2010 Petitioner :- Sushil Kumar Sharma And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Pradeep Singh Sengar 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 by the applicant with a prayer to quash the
order dated order dated 3.5.2010 passed by the learned Chief Judicial
Magistrate, Ballia in Case No. 3319 of 2009, Jawahar Singh vs. Sushil Kumar
sharma and others under sections 384,352,504 and 506 I.P.C. pending in the
court of Chief Judiical Magistrate, Ballia whereby the learned magistrate
concerned has taken cognizance and summoned the applicant to face the trial
for the offence punishable under section384,352,504,506 I.P.C.
It is contended by the learned counsel for the applicants that the allegation
made in the complaint are false and frivolous, it has been made for the
purpose of harassment of the applicants due to ulterior motive. Therefore, the
proceeding of the above mentioned case 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 :- 4.8.2010
N.A.