ATUL KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Naveen Sinha, senior advocate assisted by Sri Anurag Khanna, learned counsel for the applicant and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed with a prayer to quash the charge-sheet of Case Crime No.611 of 2007 under Section 447, 506, I.P.C. and Section 198, U.P.Z.A. and L.R. Act, P. S. T. P. Nagar, district Meerut.

(3.) CONSIDERING the submissions made by learned counsel for the applicant, learned A.G.A. and from the perusal of the record it appears that in the present case charge-sheet has been submitted in the court of A.C.J.M.-I., Meerut on which the cognizance has been taken and applicant has been summoned to face the trial. The offence is triable by court of Magistrate. The proper remedy for moving the discharge application is available to the applicant. The trial court is proper court to decide the discharge application because complete record is available there. It is not a proper stage to express any opinion on the issues raised by the counsel for the applicant, because the same shall be subject-matter of the trial court, in case the applicant moves the discharge application before the Court concerned through his counsel before the court of learned Magistrate concerned within 60 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, if any bailable or non-bailable warrant has been issued by the learned Magistrate concerned, the same shall be kept in abeyance. According this application is disposed of.