Disposed

Poonam Verma v. State of U.P. and Another

Allahabad HC22 Aug 2024A482/10654/2024

Case brief

AI extract

What is this about?

The High Court maintained the fitness of the record to determine the quantum of protection available to the applicant. The court found that the matter required detailed examination by the lower court with the benefit of the original record. Hence, the inherent jurisdiction application was disposed of, directing the applicant to file a discharge application under Section 239 Cr.P.C. below. The cour

What did the court decide?

Application disposed of; applicant directed to file discharge application under S. 239 Cr.P.C.; lower court to decide within two months.

Poonam Verma vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:139292

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 10654 of 2024

¶4

Applicant :- Poonam Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rayoof Ali Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Rayoof Ali, the learned counsel for applicant and the learned A.G.A. for State.

¶7

Perused the record.

¶8

Applicant-Poonam Verma, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer :

¶9

"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the Committal order dated 06.07.2023 passed by Chief Judicial Magistrate, Sant Kabir Nagar including the proceeding in Session Case No.542 of 2023 (State Vs. Poonam Maurya) as well as Chargesheet no.1 of 2023 dated 13.06.2023 arising out of case crime no.0444 of 2023 under Section 307, 336, 504, 506, 363 I.P.C. Police Station Khalilabad, District Sant Kabir Nagar and also stay the proceeding of Session Case No.542 of 2023 (State Vs. Poonam Maurya) as well as Chargesheet no.1 of 2023 dated 13.06.2023 arising out of case crime no.0444 of 2023 Under Section 307, 336, 504, 506, 363 I.P.C. Police Station Khalilabad, District Sant Kabir Nagar, during the pendency of the present case, otherwise the applicant shall suffer irreparable loss and injury."

¶10

At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the statutory remedy available under Section 239 Cr.P.C. Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 482 Cr.P.C.

¶11

When confronted with above, the learned counsel for applicant could not overcome the same.

¶12

Having heard the learned counsel for applicant, the learned A.G.A. for State, and upon perusal of record this court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicant in support of this application can very well be examined by court below meticulously at the time of

¶13

deciding the discharge application as court below has the advantage of having the original record.

¶14

Accordingly this application is disposed of finally with a direction to the applicant to approach court below by filing a discharge application in terms of Section 239 Cr.P.C. seeking her discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today along with a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment.

¶15

It goes without saying that till the disposal of discharge application as directed above, court below shall not proceed further with the matter.

¶16

Order Date :- 29.8.2024. Rks.

¶17

Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad

Poonam Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Poonam Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pankaj vs State of Up and Another

Satish Pandey @ Satishchandra vs State of U.P. and Another

Rohit Mangal vs State of Up and Another

Sunil Bansal vs State of Up and Another

Omprakash and Another vs State of U.P. and Another

Monika and 2 Others vs State of Up and Another