Allahabad High Court
Mohd. Khalid vs State Of U.P. & Another on 10 May, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 54 Case :- APPLICATION U/S 482 No. - 16154 of 2010 Petitioner :- Mohd. Khalid Respondent :- State Of U.P. & Another Petitioner Counsel :- J.N.Singh,Arimardan Singh Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard the learned counsel for the applicant and the learned A.G.A.
This application has been filed with a prayer to quash the proceeding of compliant case No. 2819 of 2009 under section 323, 504, 427 and section 3(1)X SC/ST Act, pending in the court of learned C.J.M. Kannauj.
It is contended by the learned counsel for the applicant that in this case nobody has sustained any injury. The allegation made against the applicant are false and frivolous, which has been made for the purpose of harassment. Therefore, the proceedings pending against the applicant 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 applicant and the learned A.G.A. it is directed that in case the applicant moves an application under section 245(2) Cr.P.C. through his 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 applicant shall be kept in abeyance.
With the above direction, this application is finally disposed of.
Order Date :- 10.5.2010 RPD