Court No. - 54 Case :- APPLICATION U/S 482 No. - 420 of 2010 Petitioner :- Hidayat Khan Respondent :- State Of U.P. And Another Petitioner Counsel :- L.C.Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer that to quash the
criminal proceeding of criminal case no.2821 of 2009 ,under section 3/7
E.C.Act, P.S. Punchh, District-Jhansi, pending in the court of A.C.J.M.,Court
No.6, Jhansi.
It is contended by learned counsel for the applicant that in the present case the
material collected by I.O., no offence under section 3/7 of E.C.Act is made
out and even then a charge sheet has been submitted.
In reply of the above contention, it is submitted by learned AGA that this plea
may be taken by the applicant by way of moving the discharged application
because all the offence is triable by court of Magistrate.
Considering the submissions, made by learned counsel for the applicant and
learned AGA, it is directed that in case applicant move a discharge application
within 30 days from today before the court concerned through his counsel, the
same shall be heard and disposed expeditiously in accordance with law.
Till the disposal of the discharge application, no coercive step shall be taken
against the applicant.
With this directions, the application is disposed of.
Order Date :- 11.1.2010
PKC