Smt. Seema Aftab vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard Learned Counsel for the applicant and the learned AGA for the Staterespondent. The present 482 Cr.P.C. petition has been filed for quashing the complaint case No. 2177 of 2005, u/s 138 of Negotiable Instruments Act, police station George Town, Allahabad, pending before the Additional Chief Judicial Magistrate, Court No. 10, Allahabad.

Learned counsel for the applicants contends that the applicant had no knowledge with regard to the legal notice nor any information with regard to the present case was received by the applicant as the applicant''s address has been wrongly mentioned in the notice and, therefore, it is contended that there are no latches on the part of the applicant in filing the present application.

After hearing the Learned Counsel for the applicants and the learned AGA and after perusing the averments contained in the present petition, the present 482 Cr.P.C. petition is finally disposed of with liberty to the applicant to move an application for discharge under the provisions of Criminal Procedure Code, within one month from today and if such application is filed by the applicants, the Court concerned shall consider and decide the same as expeditiously as possible, strictly in accordance with law, after hearing the parties, preferably within a period of three months thereafter. For a period of four months from today or till disposal of the application whichever is earlier, no coercive action shall be taken against the applicants in complaint case No. 2177 of 2005, u/s 138 of Negotiable Instruments Act, police station George Town, Allahabad, pending before the Additional Chief Judicial Magistrate, Court No. 10, Allahabad In case the discharge application is not filed by the applicant within the time stipulated, interim protection granted above, shall stand automatically vacated.