Court No. - 54 Case :- APPLICATION U/S 482 No. - 15989 of 2010 Petitioner :- Obedur Rahman Khan Respondent :- State Of U.P. & Another Petitioner Counsel :- Rahul Verma Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated
19.3.2010 passed by the learned Chief Judicial Magistrate Saharanpur
in complaint case no. 6521 of 2009 whereby the applicant has been
summoned for the offence punishable under section 420 I.P.C.
It is contended by learned counsel for the applicant that the allegations
made against the applicant are false and frivolous which have been for
the purpose of harassment. The civil suit is pending in respect of the
same property in dispute, therefore, the complaint filed against the
applicant may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A.
that such pleas may be taken by the applicant before the court
concerned by way of moving application under section 245(2) Cr.P.C.
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 an application under section
245(2) Cr.P.C, 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 that application, no coercive steps shall be taken
against the applicant.
With the above direction, this application is finally disposed of.
Order Date :- 10.5.2010
Su