Held the applicant's application under Section 482 Cr.P.C. for quashing criminal proceedings was disposed of by directing the filing of a discharge application in the trial court within four weeks.
Allowed the applicant to file a discharge application in the trial court within four weeks; the application for quashing was disposed of.
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Neutral Citation No. - 2024:AHC-LKO:68518
Court No. - 2
Case :- APPLICATION U/S 482 No. - 2303 of 2014
Applicant :- Vindhyavasini Pandey Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Sushil Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Gauri Shankar Shukla,Pradeep Kumar Shukla,Suresh Kumar Pandey
Hon'ble Om Prakash Shukla,J.
1. Heard learned Counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
2. By means of this application under Section 482 Cr.P.C., the applicant, Vindyavasini Pandey , has prayed for quashing of the entire criminal proceedings including the charge-sheet arising out of Crime No. 505 of 2010, under Sections 419, 420, 467 and 468 I.P.C. relating to Police Station Chanda, District Sultanpur pending in Court of Additional Chief Judicial Magistrate-1st, Court Room No. 17, Sultanpur.
3. Learned Counsel for the applicant has submitted that the applicant has been falsely implicated in the aforesaid case as he has not committed any offence as alleged in Case Crime No. 505 of 2010.
4. Learned AGA has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the applicant has got efficacious remedy by filing discharge application.
5. Taking into consideration the fact that the applicant is having an equally efficacious remedy to file discharge application before the competent Court, without entering into the merits of the issue, the applicant is permitted to file a discharge
application before the trial Court through counsel taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/evidence, which are necessary for disposal of the discharge application, within a period of four weeks from today and if such application is filed by the applicant before the trial Court within the aforesaid stipulated time, the trial Court shall consider and decide the said application strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing to the concerned parties, expeditiously, say within a period of two weeks thereafter.
6. The application is, accordingly, disposed of .
(Om Prakash Shukla, J.)
Order Date :- 3.10.2024 Ajit/Piyush
Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Vindhyavasini Pandey
Om Prakash Shukla
As recorded by the court registry
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