Naseem Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2020)

Naseem Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to file a discharge application through counsel before the trial court within three months; trial court to permit prosecution of the discharge application through counsel and decide it within four months of presentation; applicant to appear through counsel and cooperate with the trial; no coercive measures till final decision on the discharge application; automatic recall of the order, without recourse to the High Court, if the discharge application is not filed within three months. The quashing relief itself was not pressed and was not granted.

Issue for consideration

Whether the charge-sheet No. 47 of 2016 dated 27.03.2016, the cognizance/summoning order dated 27.03.2016 and the entire proceedings in Case No. 3950 of 2016 (State vs. Naseem), arising out of Case Crime No. 387 of 2015 under Sections 420, 467, 468, 471 IPC, Police Station Binauli, District Baghpat, ought to be quashed under Section 482 Cr.P.C.

Court's answer

In view of the submissions made by the learned counsel for the parties, the application under Section 482 Cr.P.C. is disposed of with directions.

Ratio / Principle

Direction I: The applicant shall move a discharge application through counsel before the learned trial court within a period of three months.

Key takeaways

Direction II: If the discharge application is moved within the stipulated period, the learned trial court shall permit the applicant to prosecute the same through counsel.ratio¶14
Direction III: The applicant shall appear through counsel during the pendency of the discharge application and cooperate with the trial proceedings as and when required by the learned trial court.ratio¶15
Direction IV: No coercive measure shall be taken against the applicant till the final decision on the discharge application.

Detailed headnote1 paragraphs

Single-Judge order (Ajay Bhanot, J., order dated 23.11.2020) disposing of an application under Section 482 Cr.P.C. by Naseem seeking quashing of charge-sheet No. 47 of 2016 dated 27.03.2016, the cognizance/summoning order dated 27.03.2016, and the entire proceedings in Case No. 3950 of 2016 (State vs. Naseem), arising out of Case Crime No. 387 of 2015 under Sections 420, 467, 468, 471 IPC, Police Station Binauli, District Baghpat, pending before the Civil Judge (Senior Division)/Fast Track Court, Baghpat. The quashing relief was not pressed; counsel for the applicant undertook that the applicant would appear before the trial court as and when required and sought only liberty to move a discharge application through counsel. The Court disposed of the application with six directions: (i) discharge application through counsel within three months; (ii) trial court to permit prosecution of the discharge application through counsel if so moved; (iii) appearance through counsel during its pendency and cooperation with the trial as required; (iv) no coercive measures against the applicant till final decision on the discharge application; (v) discharge application to be decided within four months of presentation; and (vi) automatic recall of the order, without recourse to the High Court, if the discharge application is not filed within three months, whereafter the trial court to proceed in accordance with law. No precedent was cited or considered.

Court No. - 83

Case :- APPLICATION U/S 482 No. - 16726 of 2020

Applicant :- Naseem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madhu Rani Garg,Amar Nath Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Sri P.N.Tiwari, learned counsel holding brief of Sri Amar Nath, learned counsel for the applicant and learned A.G.A. for the State.

The applicant has sought the following relief in the instant application:

"To quash the charge-sheet No.47 of 2016 dated 27.03.2016 and cognizance /summoning the order dated 27.03.2016 as well as entire proceeding of Case No.3950 of 2016 (State Vs. Naseem) arising out Case Crime No.387 of 2015 under Sections 420, 467, 468, 471 IPC, Police Station-Binauli, District-Baghpat pending before the learned Court of Civil Judge (Senior Division)/Fast Track Court, Baghpat and to stay the further proceedings of Case No.3950 of 2016 (State Vs. Naseem) arising out Case Crime No.387 of 2015 under Sections 420, 467, 468, 471 IPC, Police Station-Binauli, District-Baghpat pending before the learned Court of Civil Judge (Senior Division)/Fast Track Court, Baghpat."

Learned A.G.A. points out that the applicant was summoned by the learned trial court in the year 2016.

Faced with this Sri P.N.Tiwari, learned counsel holding brief of Sri Amar Nath, learned counsel for the applicant does not press the relief sought in the present application under Section 482 Cr.P.C. Learned counsel for the applicant recasts the relief.

Learned counsel for the applicant submits that the applicant undertakes to appear before the learned trial court as and when required. The only prayer made by the learned counsel for the applicant is that the applicant may be granted liberty to move a discharge application before the competent court through his counsel as per law.

Learned A.G.A. does not have any serious opposition to the aforesaid prayer.

In view of the submissions made by the learned counsel for the parties, the application is disposed of with the following directions:

I. The applicant shall move a discharge application through counsel before the learned trial court within a period of three months.

II. In case such application is moved within the aforesaid period, the learned trial court shall permit the applicant to prosecute the same through counsel.

III. The applicant shall appear through counsel during the pendency of the discharge application and cooperate with the trial proceedings as and when required by the learned trial court. .

IV. No coercive measure shall be taken against the applicant till the final decision on the discharge application.

V. The discharge application shall be decided within a period of four months from the date the applicant presents the discharge application.

VI. In case the applicant does not file the discharge application before the learned trial court within a period of three months, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

Order Date :- 23.11.2020 Ashish Tripathi