Allahabad High Court
Saurabh Tripathi vs State Of U.P. And Another on 27 January, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 54 Case :- APPLICATION U/S 482 No. - 2280 of 2010 Petitioner :- Saurabh Tripathi Respondent :- State Of U.P. And Another Petitioner Counsel :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
This application has been filed by the applicant with a prayer to quash the proceedings of Complaint Case No. 566 of 2006 under Section 392, 323, 504 and 506 I.P.C., P.S. Kotwali Katra, District-Mirzapur, pending in the court of learned ACJM IInd, Mirzapur.
It is contended by learned counsel for the applicant that applicant has lodged the complaint against the opposite party no. 2 under section 138 N.I. Act in which he has been summoned, the opposite party no. 2 has also lodged the FIR in respect of the same incident, in which the same is pending but the separate complaint on the same facts has been lodged in which the applicant has been summoned by the trial court.
In reply of the above contention, learned AGA submitted that all facts has prayed to the notice of the Court concerned, the same may be raised by way of obeying the 245(2) Cr.P.C. before the court concerned.
However, it is further directed that in case the applicant moves an application under section 245(2) Cr.P.C. through his counsel, the same shall be heard and disposed of by a reasoned order. Till the disposal of the matter no coercive measure shall be taken against the applicant.
With the above observation, this application is disposed of.
Order Date :- 27.1.2010 prabhat