Allahabad High Court High Court

Sandeep Singh And Others vs State Of U.P. & Another on 10 August, 2010

Allahabad High Court
Sandeep Singh And Others vs State Of U.P. & Another on 10 August, 2010
Court No. - 43

Case :- APPLICATION U/S 482 No. - 25245 of 2010

Petitioner :- Sandeep Singh And Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Manvendra Singh
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 order dated
27.2.2008 passed by Judicial Magistrate,Court No.15, Fatehpur in
complaint Case No. 763 of 2007 whereby the learned Magistrate has
taken cognizance and summoned the applicants for the offences
punishable under sections 323, 452, 504, 506 I.P.C.
It is contended by the learned counsel for the applicants that in the
statement of the complainant, the date of incident has not been
mentioned, the allegations made against the applicants are false and
frivolous which have been made for the purpose of harassment,
therefore, the proceedings of the above mentioned case may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A.
that such pleas may be taken by the applicants before the court
concerned by way of moving application under section 245(2) Cr.P.C.
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 application under section
245(2) Cr.P.C, 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 that application, no coercive steps shall be taken
against the applicants.

With the above direction, this application is finally disposed of.
Order Date :- 10.8.2010
Su