Dismissed

Ranjesh Kumar Jaiswal v. State of U.P. and Another

Allahabad HC23 Aug 2024A482/13270/2024

Case brief

AI extract

What is this about?

The High Court rejected an application under Section 482 Cr.P.C. challenging the dismissal of a discharge application. The Court held that the appropriate stage for discharge is after witness examination under Section 244 Cr.P.C. and directed the applicant to surrender if discharged against.

What did the court decide?

Application rejected. Applicant directed to surrender and file bail application if discharge application is decided against him.

Ranjesh Kumar Jaiswal vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135710

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 13270 of 2024

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Applicant :- Ranjesh Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Kishor Singh,Chandra Prakash Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Raju Kannojiya, Advocate holding brief of Sri Brij Kishor Singh and Sri Chandra Prakash Pandey, learned counsel for applicant and Sri B.P.Singh, learned A.G.A.

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Applicant before this Court is facing trial for an offence under Sections 392, 420, 504 and 506 I.P.C. by impugned order dated 22.12.2023 passed under Section 204 Cr.P.C.

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Aforesaid order was challenged at the instance of applicant by way of filing an application under Section 482 Cr.P.C. No.14747 of 2023 which was disposed of vide order dated 25.4.2023 with certain directions and for reference same is reproduced hereinafter:

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"6. After having heard learned counsels for the parties and perusing the records, it is evident that there are number of factual controversies involved in the matter, which could be well appreciated only by the trial court. Since the applicants are not bailed out as yet, they shall appear before the trial court concerned within 15 days from today and move an application u/s 88 Cr.P.C. The trial court, after ensuring the presence of the applicants, shall release them with or without sureties. Said application shall be decided within 15 days thereafter. Thereafter, the applicants shall move an application seeking discharge u/s 227/239 Cr.P.C., which would be heard and decided by the concerned court within six weeks from its filing by a well reasoned order after hearing learned counsel for the State.

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7. Till the disposal of said discharge application moved on behalf of applicants, they shall not be arrested in aforesaid case crime.

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8. It is made clear that in the event the 'Discharge Application' is

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decided against the applicants, then it would be incumbent upon the applicants that they would surrender before the trial court concerned and file a bail application.

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9. This application stands disposed off with above observations."

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Learned counsel for applicant submitted that in pursuance of above order applicant has executed a bond in terms of Section 88 Cr.P.C. and thereafter filed a discharge application however, same was dismissed by impugned order 22.12.2023 mainly on ground that since summoning order was upheld by this Court in above referred proceedings and there was no other material before learned Trial Court and matter was fixed for proceeding under Section 244 Cr.P.C.

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Learned counsel for applicant made some arguments on merits however, not able to convince the Court that there was no other material before learned Trial Court which could invite learned Magistrate to allow the discharge application. In fact, appropriate stage to file a discharge application in complaint case is after commencement of examination of witness under Section 244 Cr.P.C. or thereafter under Section 245 (1) or (2) Cr.P.C. as the case may be.

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In aforesaid circumstances, there is no illegality in the impugned order. Accordingly, prayers made in this application are rejected.

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The applicant is directed to follow the directions passed by Coordinate Bench while disposing of earlier application as referred above that in event discharge application is decided against applicants, then it would be incumbent upon the applicants that they would surrender before the trial court concerned and file a bail application. Said order is still in existence, Therefore this Court cannot take any other view or pass any other order to grant any relief to applicant.

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Application is accordingly disposed of.

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Order Date :- 23.8.2024 SB

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Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad

Ranjesh Kumar Jaiswal v. State of U.P. and Another

Case brief

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Ranjesh Kumar Jaiswal v. State of U.P. and Another

Case brief

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