Dismissed

Sanjeev Kumar Gupta v. State of U.P. and Another

Allahabad HC3 May 2023A482/42498/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC seeking quashing of criminal proceedings. It held that the alternative remedy of a discharge application before the trial court was available, thus refusing to exercise extraordinary jurisdiction.

What did the court decide?

The application was dismissed; however, the trial court was directed to decide a discharge application within 30 days without coercive action.

Sanjeev Kumar Gupta Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 42498 of 2022

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Applicant :- Sanjeev Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A.,Ashish Chitranshi

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri R.C. Yadav and Sri Manoj Kumar Yadav, learned counsels for the applicant, learned A.G.A. for the State and Sri Ashish Chitranshi, learned counsel for opposite party no.2, and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing of chargesheet dated 17.6.2022 as well as entire criminal proceedings of Criminal Case No.1993 of 2022 (State vs. Mrinal Mishra) arising out of Case Crime No.115 of 2019, under Sections 409/120-B IPC, Police Station- Rajepur, District Farrukhabad.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

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Learned A.G.A. as well as learned counsel for opposite party no.2 opposed the submission made by learned counsel for the applicant.

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Under the provisions of Criminal Procedure Code, applicant has alternative remedy to get himself discharged before the trial court. Accordingly, it is not appropriate for this court to exercise extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of above, the prayer for quashing of charge-sheet and entire criminal proceedings of aforesaid case is hereby refused.

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Accordingly, application u/s 482 Cr.P.C. is disposed of.

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However, learned trial court is directed that if applicant submits appropriate application through counsel for discharge within thirty days from today, the same shall be decided within thirty days from the date of presentation of application by speaking order.

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Till the disposal of discharge application, no coercive action shall be taken against the applicant.

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Order Date :- 3.5.2023 P.P.

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Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad

Sanjeev Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

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Sanjeev Kumar Gupta v. State of U.P. and Another

Case brief

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What did the court decide?

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