Disposed

Arjun Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrt. Lko. and Another

Allahabad HC23 Jan 2024/637/2024

Case brief

AI extract

What is this about?

A Section 482 Cr.P.C. petition sought quashing of a summoning order and chargesheet under IPC and SC/ST Act provisions. Without deciding merits, the High Court permitted the petitioner to file a discharge application before the trial court within four weeks, with interim protection from appearance until its disposal.

What did the court decide?

Permission to file discharge application before trial court within four weeks; interim exemption from personal appearance till its disposal.

Arjun Prasad Vs State of U.P. Thru. Prin. Secy. Home… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7153

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 637 of 2024

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Applicant :- Arjun Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrt. Lko. And Another Counsel for Applicant :- Arjun Kumar Kaushal Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Arjun Kumar Kaushal, learned counsel for the petitioner and Sri Aniruddh Kumar Singh, learned Additional Government Advocate 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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This petition under Section 482 Cr.P.C. has been filed by the petitioner with the prayer to quash the summoning order dated 09.11.2023 passed by learned Special Judge SC/ST (P.A.) Act, Sultanpur, District Sultanpur in Case No. 1708 of 2023 (State of U.P. Vs. Arjun Prasad) and chargesheet bearing no. 01/2023, arising out of Case Crime No. 251 of 2023, under Sections 406/420/504/506 IPC and Section 3(1) r & s of SC/ST Act, Police Station Jagdishpur, District Amethi.

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

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Learned AGA has submitted that since chargesheet has been filed under the various Sections including Sections referring to SC/ST Act, therefore, instead of filing the petition under Section 482 Cr.P.C., the petitioner should file the appeal under Section 14-A of the SC/ST Act.

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However, on being confronted the learned AGA as to whether the petitioner may file the discharge application before the court concerned, he has submitted that if no relief is given to the petitioner in the instant petition, filed under Section 482 Cr.P.C., he may very well to file the discharge application as the petitioner is not debarred to file the discharge application before the court concerned.

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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 him, therefore, he should

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approach the learned court below by filing the 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 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 petitioner before the learned court below within the aforesaid 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 four weeks thereafter.

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Till disposal of such discharge application, petitioner shall 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 petitioner.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 23.1.2024 kkv/

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

Arjun Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrt. Lko. and Another

Case brief

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Arjun Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt., Civil Secrt. Lko. and Another

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