Court No. - 54 Case :- APPLICATION U/S 482 No. - 558 of 2010 Petitioner :- Panna Mishra & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Santosh Dwivedi 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 proceedings of
complaint case no. 391 of 2009 under sections 147,434,504,506 I.P.C.
P.S. Lohta district Varanasi pending in the court of Judicial Magistrate,
First Varanasi.
It is contended by the learned counsel for the applicants in this case
applicants have been summoned by the magistrate concerned on
31.8.2009 but on the basis of the complaint and the statement recorded
under section 200 and 202 Cr.P.C. no offence under
sections147,434,504,506 I.P.C. is made out against the applicants.
In reply to the above contention it is submitted by the learned A.G.A. that
such plelas may be taken by the applicant by moving an application for
discharge of the applicant
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 applicants and the learned A.G.A. it is directed
that in case the applicants move a discharge application before the court
concerned, through their 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 applicants shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 12.1.2010
N.A.