Court No. - 54 Case :- APPLICATION U/S 482 No. - 710 of 2010 Petitioner :- Prahlad Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- Deepak Rana Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer to quash the
charge-sheet in case crime No. 52 of 2003 under sections 323,504,506,325
IPC P.S. Loni, Disrtrict Ghaziabad, pending in the court of Additional Chief
Judicial Magistrate, Ghaziabad.
From the perusal of the record it appears that in the present case the NCR No.
182 of 2003 was lodged against the applicant, but the same was not
investigated. Thereafter, an application under section 156(3) Cr.P.C. was
moved by the opposite party No.2 after lapse of five years and order of
investigation was passed. After investigation, charge-sheet has been
submitted. The matter was collected by the I.O.
It is contended by learned counsel for the applicant that I.O. has not made out
any offence but the charge-sheet has been submitted under political pressure.
In reply of the above contention it is submitted by learned AGA such plea be
taken by the applicants by way of filing discharge application.
Considering the submissions made by learned counsel for the applicant,
learned AGA, it is directed the applicant may file discharge application before
the court concerned through his counsel, in case such application is filed by
the applicant within 30 days from today, the same shall be heard and disposed
of under the provisions of law expeditiously. Till the disposal of that
application, no coercive steps shall be taken against the applicant.
With this direction, this application is finally disposed of.
Order Date :- 12.1.2010
Salim