Allahabad High Court
Akram And Another vs State Of U.P. And Another on 23 October, 2019
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 21090 of 2008 Applicant :- Akram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukhtar Alam,Mohd. Aslam Ansari Counsel for Opposite Party :- Govt.Advocate Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned counsel appearing for the opposite party no.2 and Sri Sanjay Singh, learned AGA for the State and also perused the record brought on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding of Complaint Case No.258 of 2008 (State Vs. Akram & Others), under sections 420, 467, 468, 471,120-B IPC, P.S. Chilkana, District Saharanpur and Charge sheet dated 24.12.2007 as well as summoning order dated 6.2.2008, pending in the court of Judicial Magistrate, 3rd, Saharanpur.
Learned carousel for the applicants contended that with regard to the land in question there was a mutation order in favour of applicant no.1 and so far as applicant no,2 is concerned he is a witness. It is next contended that the mutation application was filed by O.P.No.2 after about 10 years which was rejected and appeal was also dismissed.
It is next contended that that this Court had stayed the proceedings of the aforesaid case against the applicant vide order dated 25.8.2008 The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.
Interim order, if any, stands vacated.
However,considering the facts and circumstances of the case and submissions as advanced by he counsel for the parties, the present 482 Cr.P.C. application is disposed of with the direction to learned Judicial Magistrate 3rd, Saharanpur to consider and decide the aforesaid case as expeditiously as possible in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order, after hearing the concerned parties provided the applicants cooperate with the trial.
Till then no coercive action shall be taken against the applicants.
In view of the above, this 482 Cr.P.C. application stands disposed of.
Order Date :- 23.10.2019 IA