Disposed

Ali @ Bablu Mandal v. State of U.P. and Another

Allahabad HC5 Sept 2024A482/12262/2024

Case brief

AI extract

What is this about?

The High Court dismissed the Section 482 application seeking quashing of charge sheet, directed the applicant to file a discharge application under Section 239 Cr.P.C. in the court below within two weeks, and directed the court below to decide it within two weeks considering Sanjay Kumar Rai.

What did the court decide?

Directions issued to approach court below for discharge under Section 239 Cr.P.C. within two weeks and for decision thereon within two months.

Ali @ Bablu Mandal vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152589

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 12262 of 2024

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Applicant :- Ali @ Bablu Mandal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Santosh Kr. Singh Paliwal, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Applicant-Ali @ Bablu Mandal, 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:

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"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash charge sheet dated 13.11.2017 and entire criminal proceeding of Case No. 18028/2023 arising out of Case Crime No. 238 of 2016, as well as summoning order dated 25.03.2019 passed by Chief Judicial Magistrate, Meerut, under Section 406, 506 I.P.C. Police StationSadar Bazar, District-Meerut, (State Vs. Shabeer & others)

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It is further prayed that this Hon'ble Court may also be pleased to stay the further proceeding of Case No. 18028/2023 arising out of Case Crime No. 238 of 2016, as well as summoning order dated 25.03.2019 passed by Chief Judicial Magistrate, Meerut, under Section 406, 506 I.P.C. Police StationSadar Bazar, District-Meerut, (State Vs. Shabeer & others)

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It is further prayed that this Hon'ble court may pass any other order or direction, which this Hon'ble Court may deem fit and proper on the basis of facts and circumstances of the case."

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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.

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

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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 his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order and also taking into consideration the judgement of Supreme Court in Sanjay Kumar Rai Vs. State of U.P. and another (2022) 15 SCC 720, within a period of two months

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thereafter, provided there is no other legal impediment.

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

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Order Date :- 19.9.2024 YK

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

Ali @ Bablu Mandal v. State of U.P. and Another

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Ali @ Bablu Mandal v. State of U.P. and Another

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