Allahabad High Court
Balwan Singh And Others vs State Of U.P. And Others on 13 January, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 54 Case :- APPLICATION U/S 482 No. - 780 of 2010 Petitioner :- Balwan Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Amit Yadav 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 proceedings of complaint case no. 879 of 2008 under sections 323,504,506,427 I.P.C. P.S. Majhagaun district Hamirpur pending in the court of Judicial Magistrate, Rath Hamirpur.
It is contended by the learned counsel for the applicants that the complaint has been lodged due to ulterior motive, which is based on false and frivolous allegation.
In reply to the above contention, it is submitted by the learned A.G.A. that such pleas may be taken before the court concerned by way of moving discharge application.
Considering the facts, circumstances of the case and submission made by the learned counsel for the applicants and the learned A.G.A. it is directed that in case the applicants move a discharge application before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of the discharge 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 :- 13.1.2010 N.A.