Partly allowed

Shrawan Kumar Trivedi v. State of U.P through Principal Secretary, Home Civil Secretariate , U.P, Lucknow and Another

Allahabad HC5 Mar 2022/772/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous application under Section 482 Cr.P.C., the Allahabad High Court refused to quash criminal proceedings. The court held that applications for discharge under Section 239/227/228 Cr.P.C. must be filed with the trial court instead of bypassing it via Section 482, directing the applicant to approach the trial court within 15 days.

What did the court decide?

Prayer to quash proceedings dismissed; applicant directed to file discharge application before trial court within 15 days for expedited consideration.

Shrawan Kumar Trivedi Vs State of U.P through Principal… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 772 of 2022

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Applicant :- Shrawan Kumar Trivedi Opposite Party :- State Of U.P Through Principal Secretary, Home Civil Secretariate , U.P, Lucknow And Another Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present petition has been filed for quashing cognizance order dated 25.11.2021 passed in Crl. Case No.17869 of 2021 (State of U.P. versus Shiv Rani and others) arising out of crime No.426 of 2016, P.S. Mill Area, district Raebareli and the entire proceeding thereof pending in the court of C.J.M. Raebareli.

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The contention of the counsel for the applicants 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. He pointed out certain documents and statements in support of his contention.

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The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

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After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.

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At this stage, learned counsel for the applicant submits that they may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

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However, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of two months thereafter.

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In case no such application is filed within a period of fifteen

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days from today, as prescribed above, the benefit of present order shall not be available to the applicant.

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With the aforesaid directions, this petition is finally disposed off.

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Order Date :- 5.3.2022 kkb/

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.07 11:35:57 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shrawan Kumar Trivedi v. State of U.P through Principal Secretary, Home Civil Secretariate , U.P, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Shrawan Kumar Trivedi v. State of U.P through Principal Secretary, Home Civil Secretariate , U.P, Lucknow and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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