Partly allowed

Devendra Kumar Jain and Another v. State of U.P. and Another

Allahabad HC10 Oct 2022A482/29947/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash summons proceedings for Section 500 IPC, the High Court refused the quashing prayer. It ruled that the accused could instead file a discharge application under Section 239/227/228 Cr.P.C. within 15 days, which would be expedited to disposal within two months.

What did the court decide?

Prayer for quashing refused. Accused directed to file discharge application under Cr.P.C. within 15 days for expedited disposal.

Devendra Kumar Jain and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 29947 of 2022

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Applicant :- Devendra Kumar Jain And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.,Ajai Krishna Srivastava

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State as well as learned counsel appearing for the opposite party no.2.

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The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings as well as summoning order dated 04.06.2022 passed by Judicial Magistate/Civil Judge (JD), Fast Tract Court, Meerut, in complaint Case No. 3101 of 2019, Pramod Kumar Jain Vs. Devendra Kumar Jain and others under Section 500 of I.P.C., Police Station Nauchandi, District Meerut.

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Learned counsel for the applicants, after arguing at some length submits that applicants are old age person, aged about 82 and 85 years and they may be permitted to file discharge application through counsel. Pleadings in this regard have been made in para no. 1 of the affidavit filed in support of the application .

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The contention of the counsel for the petitioners is that no offence against the petitioners 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 petitioners 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 petitioners 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 petitioners move 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 days from today, as prescribed above, the present order shall stand automatically vacated.

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It is further provided that petitioners may file application for exemption before the court below under Section 205 Cr.P.C. along with discharge application. In case, such application is moved by the petitioners, the same shall be considered along with discharge application.

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

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Order Date :- 10.10.2022 T.S.

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Digitally signed by TRIBHUWAN SINGH Date: 2022.10.11 16:43:32 IST Reason: Location: High Court of Judicature at Allahabad

Devendra Kumar Jain and Another v. State of U.P. and Another

Case brief

What is this about?

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Devendra Kumar Jain and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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