This order, written by Hon'ble Ajay Bhanot, J., relates to an application under Section 482 Cr.P.C. where the applicant withdrew the prayer to quash proceedings. The court directed that the applicant is permitted to move a discharge application before the trial court and disposed of the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- APPLICATION U/S 482 No. - 16594 of 2020
Applicant :- Prashant Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey
Hon'ble Ajay Bhanot,J.
Heard Sri Diwakar Tiwari, learned counsel assisted by Sri Brijesh Kumar Mishra, learned counsel for the applicant and learned AGA for the State.
The applicant has sought for the following relief in the instant application under Section 482 Cr.P.C.:-
"To quash the entire proceeding including the chargesheet dated 2.8.2020 as well as cognizance order dated 2.9.2020 passed by the learned Judicial Magistrate, Ist Court No.17, Jaunpur in Case No.11634 of 2020 (State Vs. Prashant Tiwari) under Sections 307, 419, 420, 325, 427, 34 IPC arising out of case crime no.274 of 2019, Police Station-Sujanganj, District-Jaunpur."
Sri Diwakar Tiwari, learned counsel assisted by Sri Brijesh Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The parties have a history of civil dispute.
Per contra, Sri Rajesh Kumar Pandey, learned counsel for the opposite party no.2 and Sri Ashwani Tripathi, learned A.G.A. submit that the evidence collected during the course of the investigation discloses prima facie commission of offence. They call attention to the
injury report as well as statements of witnesses recorded during the course of investigation.
Faced with this, Sri Diwakar Tiwari, learned counsel assisted by Sri Brijesh Kumar Mishra, learned counsel for the applicant does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that applicant is on interim application.
Only prayer made by Sri Diwakar Tiwari, learned counsel assisted by Sri Brijesh Kumar Mishra, learned counsel for the applicant is that the applicant may be permitted to move a discharge application before the learned trial court.
It is open to the applicant to move a discharge application before the learned trial court.
With the aforesaid direction, the application is disposed of.
Order Date :- 2.12.2020 Ashish Tripathi
Prashant Tiwari
State of U.P.
Ajay Bhanot
As recorded by the court registry
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