Court No. - 54 Case :- APPLICATION U/S 482 No. - 9140 of 2010 Petitioner :- Mohd. Shariq And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- N.I. Jafri 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
19.11.2009 passed by the learned A.C.J.M. Court no. 2 Allahabad
whereby the learned magistrate concerned has taken cognizance and
summoned the applicants to face the trial fort the offence punishable
under sections 323,504,506,452 and 394 I.P.C. and that prior to file the
present complaint some other case have been filed against the applicant
due to ulterior motive, therefore, the complaint 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 :- 2.4.2010
N.A.