Nischay Rana v. State of U.P.
Case brief
What is this about?
The High Court, while hearing an application under Section 482 Cr.P.C. challenging cognizance and charge sheet, found no need to stay proceedings. The Court disposed of the application by directing the applicant to file a discharge application under Section 239 Cr.P.C. at the trial court within two weeks.
What did the court decide?
Disposed of the application under Section 482 Cr.P.C. and directed the applicant to file a discharge application under Section 239 Cr.P.C. at the trial court within two weeks.
What the court decided
A compact analysis
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.
Court No. - 66
Case :- APPLICATION U/S 482 No. - 31238 of 2022
Applicant :- Nischay Rana Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sunil Kumar Tiwari, the learned counsel for applicant and the learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed challenging the charge sheet dated 09.03.2022 submitted in Case Crime No. 406 of 2021 under Sections 452, 323, 506 and 120B I.P.C., Police Station Doghat, District Baghpat as well as the Cognizance Taking Order/Summoning Order passed by Judicial Magistrate, Baghpat in consequential Criminal Case No. 1196 of 2022 (State Vs. Nischay and Others), under Sections 452, 323, 506 and 120B I.P.C., Police Station Doghat, District Baghpat as well as the entire proceedings of aforementioned criminal case now pending in the Court of Judicial Magistrate, Baghpat.
After some argument, the learned counsel for the applicant submits that interest of justice shall be served, in case, applicant is permitted to approach the Court below and seek discharge in terms of Section 239 Cr.P.C.
Per contra, the learned A.G.A. has no objection to the prayer made by the learned counsel for applicant.
Issues for consideration
1 issue framed by the court
Whether the High Court should dispose of the application under Section 482 Cr.P.C. or direct the applicant to seek discharge under Section 239 Cr.P.C. at the trial court.
Parties & counsel
- applicant
Nischay Rana
- respondent
State of U.P.
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/31238/2022
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