Rajkumar @ Raja Vs State of U.P. and Another

Court No. - 88

Case :- APPLICATION U/S 482 No. - 7939 of 2021

Applicant :- Rajkumar @ Raja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Dixit,Anupam Shyam Dwivedi,Utkarsh Dixit

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vipin Chandra Dixit,J.

¶6

Heard learned counsel for applicant as well as learned A.G.A. for State and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed for quashing of cognizance order dated 5.2.2021 as well as entire criminal proceedings in Criminal Case No.9 of 2021(State vs. Raja & others) under Sections 147, 323, 504, 435 IPC and 3(2)5, 3(2)5Ka, 3(1)(Dha), 3(2)v SC/ST(Prevention of Atrocities) Act,Police Station Kokhraj, District Kaushambi.

¶8

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

¶9

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

¶10

As per provision of Section 239 Cr.P.C., applicant has 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.

¶11

In view of above, the prayer for quashing of cognizance order and entire criminal proceedings of aforesaid case is hereby refused.

¶12

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

¶13

However, learned trial court is directed that if applicant submits application under Section 239 Cr.P.C. through counsel for discharge within thirty days from today, the same shall be decided within thirty days from the date of presentation of application by speaking order.

¶14

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

¶15

Order Date :- 10.8.2021 P.P.

Rajkumar @ Raja v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajkumar @ Raja v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhishek Singh @ Chetan Singh Vs State of U.P. and Another

Surendra Singh and 2 Others Vs State of U.P. and Another

Brijbhan Singh Vs State of U.P. and Another

Ram Pravesh Yadav Vs State of U.P. and Another

Kuldeep Gupta Vs State of U.P. and Another

Kiran Mishra Vs State of U.P. and Another