Court No. - 54 Case :- APPLICATION U/S 482 No. - 552 of 2010 Petitioner :- Shishu Pal Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- L.C. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants with a prayer that to
quash the Chargesheet of case crime NO. 297 of 2007 under section
323, 504, 506 IPC, P.S. Tabrauli, District Jhansi pending in the court
of J.M. Garautha, Jhansi vide case No. 2209 of 2007.
It is contended by learned counsel for the applicants that in the
present case the FIR has been lodged after two years of the alleged
incident, nobody has sustained any injury. The allegation made
against the applicants are false and frivolous. Even on the basis of
allegation made against the applicants no offence is made out.
In reply of the above contention, it is submitted by learned A.G.A.
that this plea may be taken by the applicants by way of moving the
discharged application because all the offence is triable by court of
Magistrate.
Considering the submissions, made by learned counsel for the
applicants and learned A.G.A., it is directed that in case applicants
move discharged application within 30 days from today before the
court concerned through their counsel, the same shall be heard and
disposed of under the provisions of law. Till the disposal of that
application, the applicants shall not be arrested.
With this direction, this application is finally disposed of.
Order Date :- 11.1.2010
RPD