Allahabad High Court High Court

Sharma Prasad vs State Of U.P. on 2 February, 2010

Allahabad High Court
Sharma Prasad vs State Of U.P. on 2 February, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 2987 of 2010

Petitioner :- Sharma Prasad
Respondent :- State Of U.P.
Petitioner Counsel :- Hari Om Ojha
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
22.12.2009 passed by the Chief Judicial Magistrate, Kushinagar at
Padrauna whereby the application of the applicant under section 156(3)
Cr.P.C. has been treated as a complaint.

From the perusal of the record it appears that the learned magistrate
concerned has not committed any error in treating the application under
section 156(3) Cr.P.C. as a complaint. Therefore, the prayer for quashing
the same is refused.

However, it is directed that the proceedings of the above mentioned case
shall be expedited without granting unnecessary adjournments to either of
the parties, in case the proceedings are not stayed by any other court.
With the above direction the application is finally disposed of.
Order Date :- 2.2.2010
N.A.