Disposed

Akhtar and 7 Others v. State of Up and Another

Allahabad HC23 Aug 2024A482/11945/2024

Case brief

AI extract

What is this about?

High Court dismissed the application under Section 482 Cr.P.C. seeking quashing of proceedings, directing applicants to approach the trial court for discharge under Section 239 Cr.P.C. within two weeks, noting that factual disputes and evidentiary matters should be decided by the court below.

What did the court decide?

Direction issued to file discharge application under Section 239 Cr.P.C. within two weeks; proceedings stayed until disposal of discharge application.

Akhtar and 7 Others vs State of Up and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:135892

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 11945 of 2024

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Applicant :- Akhtar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- Bed Prakash Rai,G.A.

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Hon'ble Rajeev Misra,J.

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Heard Dr. Puneet Kumar Verma, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Applicant Akhtar and 7 others, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the cognizance and summoning order dated 01.01.2024 passed by Additional Chief Judicial Magistrate, Ghazipur including charge-sheet dated 10.12.2023 as well as entire proceeding of Criminal Case No. 146 of 2023 (State Vs. Akhtar and Others) arising out of Case Crime No. 253 of 2023, under Sections-147, 452, 323, 504, 506, 427 I.P.C., Police Station-Gamhar, District- Ghazipur, pending in aforesaid court.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceedings of entire proceeding of entire proceeding of of Criminal Case No. 146 of 2023 (State Vs. Akhtar and Others) arising out of Case Crime No. 253 of 2023, under Sections-147, 452, 323, 504, 506, 427 I.P.C., Police Station-Gamhar, District- Ghazipur pending in the Court of Additional Chief Judicial Magistrate, Ghazipur, during the pendency of present application, otherwise the applicants shall suffer irreparable loss and injury.

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And/or pass such other and further order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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Learned counsel for applicants submits that applicants and opposite party-2 belong to the same family. On the above premise, it is sought to be contended that a purely civil dispute has been dragged into criminal litigation. Even otherwise, applicants have been charge-sheeted under Sections 147, 452, 323, 504, 506 and 427 I.P.C. The first informant/opposite party-2 has neither sustained any visible injury nor any grievious or serious injury. On the above premise, he, therefore, submits that the impugned criminal proceedings are liable to be quashed by this Court. It is then submitted by the learned counsel for applicant that as per material on record no such clinching evidence has emerged on record so as to establish the criminality alleged against applicants. He therefore contends that present case is a case of no evidence. Placing reliance upon the judgement of Apex Court in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, he submits that the impugned criminal proceedings cannot be sustained and therefore liable to be quashed by this Court.

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Per contra, the learned A.G.A. has opposed the present application. He submits that in view of the submission urged by the learned counsel for applicants, remedy lies to the applicants to approach court below and move a discharge application in terms of Section 239 Cr.P.C. According to the learned A.G.A., court below can deal with the grounds raised in support of this application thread bare as it has the advantage of entire record. As such, no interference is warranted by this Court in present application under Section 482 Cr.P.C.

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

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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. Submission urged by the learned counsel for applicants can be very well examined by court below thread bare at the time of deciding the discharge application as court below has the advantage of entire record.

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Accordingly, this application is disposed of finally with a direction to the applicants to approach court below by moving a discharge application under Section 239 Cr.P.C. seeking their discharge in above mentioned criminal case within a period of two weeks from today. In case, such a discharge application is filed by applicants within a period of two weeks from today alongwith a certified copy of this order, court below shall decide the same by a reasoned and speaking order within a period of two months thereafter.

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It goes without saying that till the disposal of discharge application, no further action shall be taken by court below against applicants.

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Order Date :- 23.8.2024 YK

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

Akhtar and 7 Others v. State of Up and Another

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Akhtar and 7 Others v. State of Up and Another

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