Lalta Prasad Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

Lalta Prasad Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Principal relief of quashing the charge-sheet, cognizance/summoning order and proceedings was refused; the alternative direction was granted that any discharge application moved by the applicant before the court concerned at the appropriate stage shall be decided by a speaking order in accordance with law.

Issue for consideration

Whether the charge-sheet no. 136 of 2023 dated 24.02.2023, the cognizance/summoning order dated 13.04.2023, and the proceedings of case no. 18863 of 2023 arising out of case crime no. 212 of 2021 should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The relief sought in the application (quashing of the charge-sheet, cognizance/summoning order and connected proceedings) was refused, as learned counsel for the applicant did not press it and opted to pursue a discharge application before the trial court instead.

Ratio / Principle

In view of the applicant's alternative prayer, it was directed that if a discharge application is moved by the applicant before the court concerned at the appropriate stage, it shall be decided by the court concerned by a speaking order in accordance with law.

Key takeaways

With the aforesaid observations and direction, the application was disposed of.ratio¶¶13

Detailed headnote1 paragraphs

Criminal misc. application under Section 482 Cr.P.C. (APPLICATION U/S 482 No. 34363 of 2023, Neutral Citation 2023:AHC:214318) filed by Lalta Prasad seeking quashing of charge-sheet no. 136 of 2023 dated 24.02.2023, cognizance/summoning order dated 13.04.2023, and proceedings of case no. 18863 of 2023 (State vs. Avaram Singh and others) arising out of case crime no. 212 of 2021 under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Etmaddaula, District Agra, pending before the Additional Chief Judicial Magistrate, Court No. 1, Agra. After argument, counsel for the applicant — noting the applicant was already on bail — did not press the relief and sought liberty to move a discharge application before the trial court, describing it as a legal/statutory right of the accused; the learned A.G.A. had no objection. The High Court (Sanjay Kumar Singh, J.) refused the relief sought, but directed that if a discharge application is moved at the appropriate stage it shall be decided by the court concerned by a speaking order in accordance with law. Application disposed of; Order Date 7.11.2023.

Neutral Citation No. - 2023:AHC:214318

Court No. - 88

Case :- APPLICATION U/S 482 No. - 34363 of 2023

Applicant :- Lalta Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

2-This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet no. 136 of 2023 dated 24.02.2023, cognizance/summoning order dated 13.04.2023 and proceedings of case no. 18863 of 2023 (State vs. Avaram Singh and others) aising out of case crime no. 212 of 2021, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station Etmaddaula, District Agra pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Agra.

3-After advancing some argument at length and putting certain query by the Court, 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 objections. Learned counsel for the applicant 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 applicant by means of this application at this stage.

4-Learned A.G.A. for 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.

5-Accordingly the relief as sought by the applicant in

the instant application is refused.

6-However considering the above alternative prayer of the applicant, it is directed that in case the discharge 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.

7-With the aforesaid observations and direction, the application is disposed of.

Order Date :- 7.11.2023 Saurabh

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