Allahabad High Court
Mohd. Ibrahim And Others vs State Of U.P.And Others on 5 August, 2019
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 30295 of 2008 Applicant :- Mohd. Ibrahim And Others Opposite Party :- State Of U.P.And Others Counsel for Applicant :- R.C. Sinha Counsel for Opposite Party :- Govt. Advocate,Mukhtar Alam Hon'ble Vivek Kumar Singh,J.
Heard Sri R.C. Sinha, learned counsel for the applicants and Sri Mukhtar Alam, learned counsel for the opposite party no.2 and Sri Sanjay Singh, learned A.G.A.-I for the State-respondent.
This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 9.9.2008 in Case No.1212 of 2008 arising out of Case Crime No.492 of 2008 (State Vs. Versus Mohd. Ibrahim and others), under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Thakurdwara, District Moraabad, pending in the Court of learned Judicial Magistrate, First Class, Thakurdwara, District Moradabad.
Learned counsel for the applicants submitted that the applicants are in effective control of the property in dispute and further they have not committed any forgery or cheating.
Learned counsel for the opposite party no.2 and learned A.G.A. for the State-respondent have justified the order impugned and submitted that the order impugned does not suffers from any illegality or infirmity which may warrant any interference by this Court.
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, First Class, Thakurdwara, District Moradabad. to consider and Case No.1212 of 2008 arising out of Case Crime No.492 of 2008 (State Vs. Versus Mohd. Ibrahim and others), under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Thakurdwara, District Moraabad, pending in the Court of learned Judicial Magistrate, First Class, Thakurdwara, District Moradabad, 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 without granting unnecessary adjournment to either of the parties, in case the proceedings of the aforesaid case is not stayed by any Court.
In view of the above, this 482 Cr.P.C. application stands disposed of.
Order Date :- 5.8.2019 Dev/-