Allahabad High Court
Rashid Ilmi And 3 Others vs State Of U.P. And Another on 10 December, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- U/S 482/378/407 No. - 3063 of 2010 Petitioner :- Rashid Ilmi And 3 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- K.N. Singh 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. 530 o 2009 under section 392, 323, 504, 506 IP/C, P.S. Mohammadi, District Lakhimpur Kheri.
It is contended by the learned counsel for the applicants that 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 :- 10.12.2010 RPD