Dismissed

Waseem Haider v. State of U.P. and Another

Allahabad HC2 Sept 2024/2356/2014

Case brief

AI extract

What is this about?

The High Court held that since the applicant has an efficacious remedy available, the application for quashing proceedings was disposed of by permitting the applicant to file a discharge application in the trial court.

What did the court decide?

Application disposed of by permitting applicant to file discharge application within four weeks; appearance not mandatory pending disposal.

Waseem Haider Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60451

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Court No. - 30

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Case :- APPLICATION U/S 482 No. - 2356 of 2014

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Applicant :- Waseem Haider Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Muballi Gussalam Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Om Prakash Shukla,J.

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Heard learned Counsel for the applicant and learned Additional Government Advocate for the State and perused the record.

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By means of this application filed under Section 482 Cr.P.C., the applicant has prayed for quashing of the charge-sheet No. 68 of 2013 dated 27.10.2013 arising out of Case Crime No. 273 of 2013, under Sections 143/186/427 I.P.C., Police StationJalalpur, district Ambedkar Nagar and summoning order dated 20.12.2013 passed by Judicial Magistrate, Ambedkar Nagar as well as entire proceedings of Case No. 5422 of 2013.

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Learned Counsel for the applicant has submitted that the applicant has falsely been implicated in the aforesaid case as he has not committed any offence as alleged in Case Crime No. 273 of 2013.

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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 a discharge application.

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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.

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Till disposal of such discharge application, applicant may not be compelled to appear before the court below in the aforesaid case, but it is made clear that if the present applicant does not file any discharge application within the aforesaid stipulated time, i.e. within a period of four weeks from today, the benefit of this order shall not be extended to the applicant.

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The present application is, accordingly, disposed of.

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Order Date :- 2.9.2024 akhilesh/-

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Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Waseem Haider v. State of U.P. and Another

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Waseem Haider v. State of U.P. and Another

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