AVANISH KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned AGA and perused the record.

(2.) LEARNED counsel for the applicant contended that on the basis of false allegation, impugned complaint has been filed. From perusal of the complaint itself, it is clear that the notice was given through registered post on 20/21.3.2012. However, the complaint has been filed on 30.3.2012 which is premature. Since the complaint has been filed without waiting for 15 days, as such, the same is not maintainable and the court has no jurisdiction to take cognizance before expiry of the 15 days.

(3.) LEARNED AGA opposed the aforesaid prayer.