Disposed

Pragati Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. and 2 Others

Allahabad HC24 Jan 2024/401/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of charge sheet and summoning order in a criminal case, the court held that the applicant has an efficacious remedy by way of discharge application and disposed of the petition without examining merits.

What did the court decide?

Petition disposed of at admission stage; applicant permitted to file discharge application within four weeks.

Pragati Kumar Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. and 2 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:7098

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 401 of 2024

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Applicant :- Pragati Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. And 2 Others Counsel for Applicant :- Atul Verma,Anil Kumar Gautam,Asha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Atul Verma, learned counsel for the petitioner and learned AGA for the State.

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In view of the proposed order, notice to opposite party no. 2 is dispensed with.

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By means of this petition, the petitioner has prayed for setting aside the charge sheet filed in Crime No. 08/2022 u/s 306 IPC and the cognizance / summoning order dated 23.8.2023 passed by the Court of Special Judge, Anti Corruption CBI Central, Lucknow in Crime No. 08/2022 us/ 306 IPC, P.S. S.I.T., Lucknow.

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Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the aforesaid case as he has not committed any offence as alleged.

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Be that as it may, since the petitioner can prefer a discharge application before the learned court below taking all pleas and grounds, which are available to them, therefore, they should approach the learned court below by filing the discharge application.

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Learned AGA has also submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioner has got efficacious remedy by filing discharge application.

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Accordingly, the present petition is disposed of at the admission stage and without entering into the merits of the issue, the petitioner is permitted to file a discharge application before the learned court below through counsel taking all pleas and grounds, which are available to them, 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 petitioner before the learned court below within the aforesaid

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stipulated time, the court concerned 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 concerning parties and pass appropriate orders, with expedition, preferably within a period of six weeks thereafter.

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Till disposal of such discharge application, petitioner may not be compelled to appear before the court below in the aforesaid criminal case, but it is made clear that if the present petitioner 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 petitioners.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 24.1.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Pragati Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pragati Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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