Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated 21.9.2011 passed by learned Special A.C.J.M. , court No. 31 Lucknow arising out of charge sheet submitted in case crime No. 89 of 2011 under sections 419, 420, 467, 468, 471 IPC, P.S. Wazir Ganj, Luckknow.
It is contended by learned counsel for the applicant that even on the basis of FIR and material collected by the i.O. prima facie offence of cheating and forgery is not made out even then the chargesheet has been submitted on which the learned Magistrate concerned has taken the cognizance, therefore, the order of cognizance and the proceedings of the above mentioned may be quashed.
In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant by way of moving the discharge application.
Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 30 days from today before the court concerned through his counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicant shall not be arrested.
With this direction, this application is finally disposed of.
Order Date :- 21.10.2011 RPD