Application under Section 482 Cr.P.C. praying for quashing of proceedings in a section 354 case was refused. The court directed the trial court to decide a pending discharge application by a speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:193784
Court No. - 88
Case :- APPLICATION U/S 482 No. - 27369 of 2023
Applicant :- Lovekush And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanhaiya Lal Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 05.11.2022 and proceedings of complaint case no. 972 of 2020 (Shubhmati vs. Lovekush) and criminal case no. 17715 of 2020, under Sections 354, 504 and 506 I.P.C., Police Station Harriaya, District Basti, pending in the court of Additional Chief Judicial Magistrate, Court no. 1, Basti
After advancing some argument at length and putting certain query by the Court, learned counsel for the applicants submitted that since the applicants are already on bail in this case, therefore, they may be permitted to move a discharge application before the court concerned raising their objections. Learned counsel for the applicants also submits that moving a discharge application before the concerned trial Court is a legal / statutory right of the accused, therefore, he is not pressing any further relief as claimed by applicants by means of this application at this stage.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to move discharge application, he has no objection.
Accordingly the relief as sought by the applicants in the instant application is refused.
However considering the above alternative prayer of the applicants, it is directed that in case the discharge application is moved by the applicants before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law.
With the aforesaid observations and direction, the application is disposed of .
Order Date :- 9.10.2023 Saurabh
Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad
Lovekush
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
