Court No. - 54 Case :- APPLICATION U/S 482 No. - 3336 of 2010 Petitioner :- Meraj Respondent :- State Of U.P. And Another Petitioner Counsel :- Tariq Maqbool Khan Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been field with a prayer to quash the summoning
order dated 13.11.2009 passed by the learned Judicial Magistrate, Kasia
in complaint case no. 637 of 2009 under section 417 I.P.C.
It is contended by the learned counsel for the applicant that cognizance
taken is barred by time, the benefits of the provisions of section 468
Cr.P.C. would be applicable to the applicant. The allegations made in the
complaint are false and frivolous.
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 applicant and the learned A.G.A. it is directed
that in case the applicant moves a discharge application before the court
concerned, through his 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 applicant shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 4.2.2010
N.A.