Court No. - 5 Case :- APPLICATION U/S 482 No. - 21148 of 2010 Petitioner :- Mohammad Maqbool Respondent :- State Of U.P. And Another Petitioner Counsel :- K. S. Misra Respondent Counsel :- Govt Advocate Hon'ble Ravindra Singh,J.
Heard learned Counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of Case
No.8535 of 2007 under Sections 419, 420, 406, 506 I.P.C., P.S. Kotwali City,
District Jaunpur arising out in Case Crime No.C-356 of 2007 pending in the
court of C.J.M. Jaunpur.
It is contended by learned counsel for the applicant that in the present case the
applicant has been released on bail. The allegations made against the
applicant are false and frivolous which have been made for the purpose of
harassment due to ulterior motive. But without doing proper investigation the
charge sheet has been submitted on which the learned magistrate concerned
has taken cognizance and summon the applicant to face the trial. Therefore
the proceedings pending against the applicant in above mentioned case may
be quashed.
In place of the above contention it is submitted by learned A.G.A. that the
remedy to move the discharge application or of raising the objections is
available to the applicant at the stage of framing of the charge.
Considering the submissions made by counsel for the applicant and learned
A.G.A. and from perusal of the record it appears that in the present case, the
applicant is having remedy to move the discharge application before the court
concerned and to raise the objections at the time of framing of the charge.
Therefore without expressing any opinion on the merit of the case it is
directed that in case the applicant moves a discharge application before the
court concerned or raises the objections at the time of framing of the charges,
the court concerned shall consider the same by passing a reasoned order.
With the above direction this application is finally disposed of.
Order Date :- 18.6.2010
Naresh