Disposed

Abhishek and 3 Others v. State of U.P. and Another

Allahabad HC21 Oct 2022A482/26860/2022

Case brief

AI extract

What is this about?

High Court Court No. 86 refused the prayer to quash the charge sheet and cognizance order in a case under Sections 323, 336, 504 IPC. The court held that disputed defence cannot be considered here. It permitted the applicant to file a discharge application within 15 days, directing the trial court to dispose of it expeditiously within two months.

What did the court decide?

Prayer for quash refused; applicant permitted to file discharge application within 15 days; trial court to dispose of discharge application within two months.

Abhishek and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86 Case :- APPLICATION U/S 482 No. - 26860 of 2022 Applicant :- Abhishek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi 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 petitioner and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C., has been filed for quashing of the impugned charge sheet dated 17.09.2021 as well as its cognizance order dated 15.12.2021 in Case No.2027/IX/21 (State Vs. Abhishek & others) arising out of case crime no. 1436 of 2018, under section 323, 336, 504 I.P.C., P.S. Kotwali, District- Mathura.

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The contention of the counsel for the petitioner is that no offence against the petitioner 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 petitioner has 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 petitioner submits that he 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 petitioner 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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With the aforesaid directions, the petition is disposed off.

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Order Date :- 21.10.2022/RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.10.21 14:20:09 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek and 3 Others v. State of U.P. and Another

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Abhishek and 3 Others v. State of U.P. and Another

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