Disposed

Dheeraj @ Guddu v. State of U.P. and Another

Allahabad HC1 Nov 2023A482/33453/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC seeking quashing of proceedings. Noting the applicant is already on bail and intends to move for discharge, the court refused the current petition and directed the lower court to decide the discharge application via a spoken order.

What did the court decide?

Application refused; request directed to move discharge application before court concerned; lower court to decide by speaking order.

Dheeraj @ Guddu Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:208768

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 33453 of 2023

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Applicant :- Dheeraj @ Guddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Mishra,Shashikant Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the materials available on record.

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By means of this application under sections 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the charge-sheet dated 27.03.2020, cognizance order dated 20.02.2021 as well as entire proceedings of Criminal Case No. 583 of 2021 (State Vs. Dheeraj @ Guddu) arising out of Case Crime No. 590 of 2019, under Sections 323, 504, 506 IPC, Police Station Mawana, District Meerut pending in the Court of Judicial Magistrate, Mawana, Meerut.

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After advancing some argument at length, learned counsel for the applicant submitted that since the applicant is already on bail in this case, therefore, he may be permitted to move a discharge application before the court concerned raising his objection. Learned counsel for the applicant also submitted that he is not pressing any further relief as claimed by applicant by means of this application.

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Learned A.G.A. representing the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to move discharge application, he has no objection.

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Accordingly the relief as sought by the applicant in the instant application is refused.

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In view of the above, considering the request of the applicant, it is directed that in case the discharge

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application is moved by the applicant before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law.

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With the aforesaid observation, the application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 1.11.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Dheeraj @ Guddu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dheeraj @ Guddu v. State of U.P. and Another

Case brief

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What did the court decide?

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