Court No. - 54 Case :- APPLICATION U/S 482 No. - 16098 of 2010 Petitioner :- Savitri And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Pankaj Sharma 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
16.9.2009 passed by Judicial Magistrate,Mathura in complaint Case No.
416 of 2009 whereby the learned Magistrate has taken cognizance and
summoned the applicants for the offences punishable under sections
147, 323, 382. 504, 506 I.P.C.
It is contended by the learned counsel for the applicants that there is
dispute for land, the allegations made against the applicants are false
and frivolous which have been made for the purpose of harassment due
to ulterior motive. It is a case in which nobody has sustained any
injury,the complaint is based on false and frivolous allegations,the same
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 :- 10.5.2010
Su