Court No. - 43 Case :- APPLICATION U/S 482 No. - 528 of 1996 Petitioner :- Arun Kumar Singh Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Rai Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
This application has been filed by the applicant with a prayer to quash the
proceedings of criminal case no. 1206 of 1995 pending in the court of
Learned CJM, Etawah.
It is contended by the learned counsel for the applicant that on the basis
allegation made against the applicant, no offence in the charge is made out
against the applicant even then learned magistrate concerned has taken
cognizance against the applicant. Learned Magistrate has not been committed
any error in passing the impugned order Therefore, the prayer for quashing
the impugned order of above mentioned case is refused.
In reply to the above contention, it is submitted by the learned AGA that such
pleas maybe taken by the applicants before the court concerned by way of
moving discharge application before the court concerned.
However, considering the facts and without expressing any opinion on the
merit of the case it is directed that in case applicant moves discharge
application through their counsel within two months 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.
Interim order dated 14.2.96 is hereby vacated.
Accordingly, this application is dismissed.
Let the copy of this order be communicated to learned CJM, Etawah forthwith
for passing an appropriate orders in the above mentioned case.
Order Date :- 2.8.2010
SR