Disposed¶12

Ratnesh Shukla v. State of U.P. through Principal Secretary, Home U.P. And another

Allahabad HC9 May 2023A482/12145/2023

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 482 No. 12145 of 2023; Ratnesh Shukla v. State of U.P.; Section 482 Cr.P.C.; quashing of chargesheet dated 24.10.2020 and summoning order dated 17.10.2022; Case No. 1130 of 2022 (State vs. Lavlesh Shukla & others); Case Crime No. 181 of 2020; Sections 147, 323, 506 IPC; Police Station Tharwai, District Allahabad; mala fide prosecution; alternative remedy; discharge before trial court; speaking order; application disposed of; Vipin Chandra Dixit, J.; order dated 9.5.2023.

What did the court decide?

Prayer for quashing refused; application disposed of with a direction that if the applicant files a discharge application within thirty days, the trial court shall decide it within thirty days by a speaking order. ¶12

Ratnesh Shukla Vs State of U.P. through Principal Secretary, Home U.P. And another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the chargesheet dated 24.10.2020, the summoning order dated 17.10.2022 and the entire proceedings of Case No. 1130 of 2022 (arising out of Case Crime No. 181 of 2020, under Sections 147, 323, 506 IPC, Police Station Tharwai, District Allahabad) ought to be quashed under Section 482 Cr.P.C., on the applicant's contention that no offence against him is disclosed and the prosecution has been instituted mala fide for the purpose of harassment.

¶8

Court's answer

The Court declined to exercise its extraordinary jurisdiction under Section 482 Cr.P.C. because the applicant has an alternative remedy under the Criminal Procedure Code to seek discharge before the trial court.

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Ratio / Principle

The prayer was refused and the application was disposed of with a direction that if the applicant submits an appropriate application for discharge within thirty days, the trial court shall decide the same within thirty days from its presentation by a speaking order.

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Detailed headnote1 paragraphs

Criminal Procedure Code, S. 482 — Quashing — Alternative remedy. Application under Section 482 Cr.P.C. sought quashing of chargesheet dated 24.10.2020, summoning order dated 17.10.2022 and the entire proceedings of Case No. 1130 of 2022 (State vs. Lavlesh Shukla & others) arising out of Case Crime No. 181 of 2020, under Sections 147, 323, 506 IPC, Police Station Tharwai, District Allahabad, on the plea that no offence was disclosed and the prosecution was mala fide. Held, declining to exercise extraordinary jurisdiction under Section 482 Cr.P.C., that the applicant has an alternative remedy to seek discharge before the trial court; prayer refused and application disposed of with a direction that if a discharge application is submitted within thirty days, the trial court shall decide it within thirty days from presentation by a speaking order. (Vipin Chandra Dixit, J.; Order dated 9.5.2023)

Ratnesh Shukla v. State of U.P. through Principal Secretary, Home U.P. And another

Case brief

What is this about?

What did the court decide?

Ratnesh Shukla v. State of U.P. through Principal Secretary, Home U.P. And another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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