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Judgment
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 proceeding of complaint case No. 1856 of 2008 under Sections 323, 325, 504, 506, I.P.C. pending in the Court of learned A.C.J.M., Court No. 10, Azamgarh.
It is contended by the learned Counsel for the applicants that according to the allegation made against the applicants they have not caused any injury on the person of the deceased. The allegation against them is that at their instance the injury were caused by other coaccused. The learned Court concerned has taken cognizance and summoned the applicants
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 Sections 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 considering the face that applicants have been released on bail.
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.