Allahabad High Court High Court

Ajay Kumar Sharma vs State Of U.P.And Another on 5 August, 2010

Allahabad High Court
Ajay Kumar Sharma vs State Of U.P.And Another on 5 August, 2010
Court No. - 43

Case :- APPLICATION U/S 482 No. - 24896 of 2010

Petitioner :- Ajay Kumar Sharma
Respondent :- State Of U.P.And Another
Petitioner Counsel :- Ajay Kumar Srivastava
Respondent Counsel :- Govt Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This application has been filed with a prayer to quash the order dated
23.9.2009 passed by learned Special Judicial Magistrate ( C.B.I.) Ghaziabad
in Complaint Case No. 18/28 of 2008 under sections 379, 420, 467, 468
I.P.C.,

It is contended by the learned counsel for the applicant that the allegations
made against the applicant are false and frivolous which have been made due
to ulterior motive, the complaint against the applicant is a counter blast of
the case filed by the applicant against O.P.No.2.

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 applicant and the learned A.G.A. it is directed that in
case the applicant moves application under section 245(2) Cr.P.C, before the
court concerned, through his 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 applicant.

With the above direction, this application is finally disposed of.

Order Date :- 5.8.2010
Su