Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the proceedings of criminal case No. 1837 of 1998 under section 420, 406 IPC, P.S. Kotwali, District Unnao pending in the court of learned C.J.M., Unnao by which the applicants has been summoned vide order dated 10.11.1998..
From the perusal of the impugned order it appears that learned Magistrate has taken the cognizance and summoned the applicant after considering the complaint and statements recorded under sections 200 and 202 Cr.P.C. which discloses the offence against the applicants. There is no illegality or irregularities in the impugned order, therefore, the prayer for quashing the impugned order is refused.
However, considering the facts and circumstances of the case, it is directed that in case applicants move discharge application within 35 days from today before the court concerned through their counsel or raise the objection at the time of framing of the charge, the same shall be heard and disposed of in accordance with law. Till the disposal of discharge application, no coercive steps shall be taken against the applicants.
With this direction, this application is finally disposed of.
Let a copy of this order be communicate to learned C.J.M. Unnao for the compliance forthwith.
Order Date :- 9.12.2010 RPD