Dismissed

Ajay Katiyar v. State of U.P. and Another

Allahabad HC6 Oct 2020A482/14568/2020

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. sought to quash criminal proceedings alleging Sections 323, 504, 506 IPC. The single-judge bench rejected the petition, noting an alternative remedy exists under Section 245(2) Cr.P.C. for discharge. A direction was issued to the trial court to decide the discharge application swiftly.

What did the court decide?

Prayer for quashing criminal proceedings refused; applicant directed to seek discharge under Section 245(2) Cr.P.C. within thirty days.

Ajay Katiyar Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 2

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Case :- APPLICATION U/S 482 No. - 14568 of 2020

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Applicant :- Ajay Katiyar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Raju Kanaujia, learned counsel for applicant, learned A.G.A. for State and perused the record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceeding of Case Crime No.0005 of 2020, under Section 323, 504, 506 I.P.C. as well as Charge Sheet No.63 of 2020 dated 8.4.2020, Police Station- Bilhapur, District Kanpur Shahar (State Vs. Ajay Katiyar).

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It is submitted by learned counsel for the applicant that the F.I.R. has been lodged by applicant against five persons which was registered as Case Crime No.0004 of 2020, under Sections 147, 323, 504, 506, 452 I.P.C., Police Station Bilhapur, District Kanpur Nagar. It is further submitted that the present F.I.R. against the applicant has been lodged as a counterblast to harass the applicant and the police without due investigation, submitted the charge-sheet. It is further submitted that no offence under Sections 323, 504, 506 I.P.C. is made out against the applicant and it is an abuse of process of law.

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Learned A.G.A. has opposed the the submissions made by learned counsel for the applicant.

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As per provision of Section 245 (2) Cr.P.C., applicants have alternative remedy to get himself discharge before trial court. Accordingly, it is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of above, the prayer for quashing the entire criminal proceeding of Case Crime No.0005 of 2020, under Section 323, 504, 506 I.P.C. as well as Charge Sheet No.63 of 2020 dated 8.4.2020, Police Station- Bilhapur, District Kanpur Shahar (State Vs. Ajay Katiyar), is hereby refused.

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Accordingly, application u/s 482 Cr.P.C. is disposed of.

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However, learned trial court is directed that if applicants submit application under Section 245(2) Cr.P.C. through counsel for

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discharge within thirty days from today, the same shall be decided within thirty days from the date of presentation of application by speaking order.

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Till the disposal of discharge application, no coercive action shall be taken against applicants.

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Order Date :- 6.10.2020 Anil K. Sharma

Ajay Katiyar v. State of U.P. and Another

Case brief

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Ajay Katiyar v. State of U.P. and Another

Case brief

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