Allahabad High Court High Court

Balwan Singh And Others vs State Of U.P. And Others on 13 January, 2010

Allahabad High Court
Balwan Singh And Others vs State Of U.P. And Others on 13 January, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 780 of 2010

Petitioner :- Balwan Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Amit Yadav
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard the learned counsel for the applicants and the learned A.G.A.
This application has been filed with a prayer to quash the proceedings of
complaint case no. 879 of 2008 under sections 323,504,506,427 I.P.C. P.S.
Majhagaun district Hamirpur pending in the court of Judicial Magistrate, Rath
Hamirpur.

It is contended by the learned counsel for the applicants that the complaint has
been lodged due to ulterior motive, which is based on false and frivolous
allegation.

In reply to the above contention, it is submitted by the learned A.G.A. that
such pleas may be taken before the court concerned by way of moving
discharge application.

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 a discharge application 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 the discharge application bailable warrant/N.B.W., if any,
issued against the applicants shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 13.1.2010
N.A.