Court No. - 54 Case :- APPLICATION U/S 482 No. - 2234 of 2010 Petitioner :- Kaushal Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- Manish Tiwary,Ashwini Kumar Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicant and the learned A.G.A.
This application has been filed with a prayer to quash the order
dated 27.7.2009 passed by Judicial Magistrate, Fatehpur in
complaint case no. 1185 of 2008 whereby the learned Magistrate
has taken the cognizance and summoned the applicant to face the
trial for the offence under sections 337, 338 IPC.
It is contended by the learned counsel for the applicant that even on
the basis of the allegation made against the applicant no offence is
made out against the applicant but without doing the proper
investigation the applicant has been summoned.
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 applicant 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 applicant and the learned A.G.A. it is
directed that in case the applicant moves an application under
section 245(2) Cr.P.C. through his 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
and 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 :- 28.1.2010
RPD