Dismissed

Girdhari Lal and 7 Others v. State of U.P. and Another

Allahabad HC18 Jan 2020A482/1703/2020

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of an order rejecting a discharge prayer. The court held that without recorded evidence under Section 244 Cr.P.C., there is no ground for discharge, making the order legal and devoid of merit.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; respondent directed to entertain discharge application only after recording evidence under Section 244 Cr.P.C.

Girdhari Lal and 7 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 1703 of 2020

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Applicant :- Girdhari Lal And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Girdhari Lal and Seven others, with a prayer for quashing of the order, dated 24.10.2019, passed by the Judicial Magistrate, Nawabganj, Bareilly, in Complaint Case No. 449 of 2013 (Smt. Rupa Devi vs. Girdhari Lal and others), under Sections-452, 323, 324 and 504 of IPC, Police Station- Nawabganj, District-Bareilly, pending in the court of Judicial Magistrate, Nawabganj, Bareilly, whereby, an application, moved, under Section 245(2) of Cr.P.C., was rejected by the Trial court.

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Learned counsel for applicants argued that for same occurrence, a case crime number was got registered, upon a report of applicant-Girdhari Lal, wherein, chargesheet has been filed and trial is proceeding, but for same occurrence, this false complaint was filed, wherein, summoning order was passed against which a proceeding, before this Court, being Application U/S No.21734 of 2017, Girdhari Lali and 7 others vs. State of U.P. and another, was initiated before this Court, wherein, a direction for moving Discharge Application was given. Accordingly, a Discharge Application was moved before the Trial court, which was rejected by the impugned order. Hence, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.

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Learned AGA, representing State of U.P., has vehemently opposed this Application.

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From very perusal of the order, dated 5.9.2017, passed by this Court, in aforesaid application, under Section 482 of Cr.P.C., it is apparent that the summoning order was confirmed and this Court has held that there is no ground for any

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indulgence for relief prayed therein. Meaning thereby, summoning order was held to be with no ground for grant of any indulgence.

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Now question relates to Discharge Application. When it was moved, there was no proceeding for recording of evidence, under Section 244 of Cr.P.C., and the Magistrate has held that the evidence, on record, which warranted for passing of summoning order, is intact and is with no addition therein. Unless, evidence, under Section 244 of Cr.P.C., is being recorded, there remains no ground for any discharge, and as such, this Discharge Application was rejected.

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Learned counsel for applicants admitted that evidence, under Section 244 of Cr.P.C., is not there.

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Hence, order of the Magistrate was well within jurisdiction and there was no abuse of process of law.

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Accordingly, this Applications, being devoid of merits, deserves to be dismissed and it stands dismissed as such.

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However, it is made clear that after recording of evidence, under Section 244 of Cr.P.C., application for discharge, under Section 245 of Cr.P.C., may be moved before the court, concerned, which may be decided as per provisions and precedents of law, on the subject.

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Order Date :- 18.1.2020/bgs/

Girdhari Lal and 7 Others v. State of U.P. and Another

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Girdhari Lal and 7 Others v. State of U.P. and Another

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