Court No. - 43 Case :- APPLICATION U/S 482 No. - 24632 of 2010 Petitioner :- Radhey Shyam And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sanjai Kumar Pandey 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
18.2.2010 passed by the Judicial Magistrate, Siddharth Nagar in complaint
case no. 652 of 2009 whereby the applicants have been summoned to face the
trial for the offence punishable under sections 323,504,506,452 I.P.C.
pending in the cout of Judicial Magistrate, Siddharth Nagar.
It is contended by the learned counsel for the applicants that the complaint has
been lodged against the the applicants on the basis of false and frivolous
allegation for the purpose of harassment due to ulterior motive, the learned
court concerned has taken cognizance in a mechanical manner. The applicants
are innocent, they have not committed the alleged offence, therefore, the
proceedings pending 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 :- 4.8.2010
N.A.