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Allahabad High Court
Sonpal And Others vs State Of U.P. & Another on 4 August, 2010
Court No. - 43

Case :- APPLICATION U/S 482 No. - 24724 of 2010

Petitioner :- Sonpal And Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Arvind Kuamr Srivastava
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
16.6.2010 passed by learned J.M.First Class, Chhibramau, Kannauj in
complaint case No. 11 of 2010 whereby the learned Magistrate has taken the
cognizance and summoned the applicants under sections 323, 504, 452 IPC.

It is contended by the learned counsel for the applicants that in this case
nobody has sustained any injury. The allegation made against the applicants
are false and frivolous, which has been made for the purpose of harassment.
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
RPD


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