Court No. - 43 Case :- APPLICATION U/S 482 No. - 10469 of 1992 Petitioner :- H.P.Shukla Respondent :- State Petitioner Counsel :- Viresh Misra Respondent Counsel :- A.G.A.,H.C.Pandey,K.K.Tripathi,R.C.Tripathi Hon'ble Ravindra Singh,J.
Counsel for the applicant is not present.
Heard learned A.G.A. and perused the record.
This application is filed by the applicant, Harsoo Prasad Shukla with a prayer
to quash the proceedings of Criminal Case No. 504 of 1990, under Section
498A, 506 IPC, pending in the court of learned Additional Munsil Magistrate,
Vth Allahabad.
From the perused of the record it appears that in the present case the F.I.R. in
case crime no. 49 of 1990 has been registered under Sections 498A, 506 IPC,
P.S. Baharia, District-Allahabad, after investigation the chargesheet has been
submitted. The learned magistrate has not committed any error in taking the
cognizance and summoning the applicant because on the basis of material
collected by the I.O. prima facie the offence under Sections 498A, 506 IPC is
dismissed. There is no good ground for quashing the proceedings of the above
mentioned case. The prayer for quashing the proceeding is refused.
The interim order dated 24.8.1992 is hereby vacated.
Accordingly, this application is dismissed.
Let a copy of this order be communicated forthwith to learned Sessions
Judge/C.J.M., Allahabad for passing appropriate order.
Order Date :- 29.7.2010
Ashish Tripathi