Court No. - 43 Case :- APPLICATION U/S 482 No. - 25548 of 2010 Petitioner :- Hakim Singh And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- M.P.Singh 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 order dated
21.8.2009 passed by learned Special C.J.M., Agra in complaint case No. 1331
of 2009 whereby the learned Magistrate has taken the cognizance and
summoned the applicants under sections 449, 448, 504, 506 IPC.
It is contended by the learned counsel for the applicants that in the present
case no notice has been given to the applicants, in such circumstances they
may not be summoned under section 448 IPC. The allegation made against
the applicants are false and frivolous, in this case there is dispute of tenancy.
The complaint has been filed due to ulterior motive. Therefore, the
proceedings pending against the applicants may be quashed.
In reply to the above it is submitted by the learned A.G.A. that the court
concerned has taken cognizance after considering the complaint and the
statement recorded under section 200 and 202 Cr.P.C., the remedy is available
to the applicants by way of moving an application under section 245(2)
Cr.P.C. before the court concerned.
Considering the facts, circumstance of the case and submission of the learned
counsel for the applicants and the learned A.G.A. it is directed that in case the
applicants move an application under section 245(2) Cr.P.C. through their
counsel within 30 days from today before the court concerned, the same shall
be heard and disposed of expeditiously in accordance with the provisions of
law.
Till the disposal of the above mentioned 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 :- 12.8.2010
RPD