Heard the learned counsel for the applicant and the learned A.G.A. This application has been filed with a prayer to quash the charge sheet dated 23.5.2009 under sections 336,337 and 338 I.P.C. P.S. Kotwali district Allahabad.
It is contended by the learned counsel for the applicant that the allegation against the applicants are false and frivolous, it has been made for the harassment of the applicants and without doing proper investigation the charge sheet has been submitted.
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 applicant and the learned A.G.A. it is directed that in case the applicant moves a discharge application before the court concerned, through his 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 applicant shall be kept in abeyance. With the above direction, this application is finally disposed of. Order Date :- 3.2.2010 N.A.