Dismissed

Janu Alias Mohsin v. State of Up and Another

Allahabad HC27 Aug 2024A482/13594/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings alleging falsely implicated innocent status, the Allahabad High Court held that the remedy of discharge under Section 239 Cr.P.C. lies at the trial court and disposed of the application by directing the applicant to file a discharge petition with the trial court.

What did the court decide?

Application disposed of; applicant directed to approach Court below for discharge under Section 239 Cr.P.C.

Janu Alias Mohsin vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:137084

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 13594 of 2024

¶4

Applicant :- Janu Alias Mohsin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh,Saurabh Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Ashok Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.

¶7

Perused the record.

¶8

Applicant-Janu @ Mohsin, 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 kindly be pleased to allow the instant application and quash the entire Charge Sheet No. 34/2023 dated 17.02.2023 as well as the entire proceeding of Case No. 764 of 2024 (State of U.P. Vs. Janu @ Mohsin Ali and Others) arising out of Case Crime No. 0034 of 2023, U/s 406, 504, 506 IPC, Police Station-Talgram, District-Kannauj pending in the Court of Civil Judge (S.D.)/F.T.C. Kannauj.

¶10

It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of the Case No. 764 of 2024 (State of U.P. Vs. Janu @ Mohsin Ali and Others) arising out of Case Crime No. 0034 of 2023, U/s 406, 504, 506 IPC, Police Station-Talgram, District-Kannauj pending in the Court of Civil Judge (S.D.)/F.T.C. Kannauj"

¶11

Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in aforementioned criminal case. With reference to the documents on record, the learned counsel for applicant contends that no offence under any of the charging Section is made out against applicant. Irrespective of above, the Jurisdictional Magistrate, while exercising jurisdiction under Section 190(1)(b) Cr.P.C. has simply concurred with the opinion expressed by the Investigating Officer without adverting to the papers accompanying the police report. Since no offence is made out against applicant, therefore, the entire proceedings of criminal case referred to above are liable to be quashed by this Court. In support of his submission, he has relied upon the

¶12

judgment of Supreme Court in R.P. Kapur VS. State of Punjab, 1960 SCC OnLine SC 21.

¶13

Per contra the learned A.G.A. for State has opposed the present application. He submits that since applicant is a charge sheeted accused, therefore, in view of the submission urged by the learned counsel for applicant, remedy lies to applicant to approach Court below itself by moving a discharge application in terms of Section 239 Cr.P.C. Court below can examine the grounds raised in the present application threadbare with reference to the material on record as it has the advantage of having entire original records. Learned A.G.A. thus submitted that no interference is warranted by this Court in present application.

¶14

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

¶15

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.

¶16

Accordingly, this application is disposed of finally with a direction to applicant to approach Court below by moving a discharge application in terms of Section 239 Cr.P.C. seeking his discharge in aforementioned criminal case along with a certified copy of this order within a period of three weeks from today. In case, such a discharge application is filed by applicant within aforesaid period, Court below shall decide the same by a reasoned and speaking order within a period of two months thereafter .

¶17

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

¶18

Order Date :- 27.8.2024 Vinay

¶19

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

Janu Alias Mohsin v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Janu Alias Mohsin v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lallu Alias Mohd Navi and 3 Others vs State of U.P. and Another

Vinay Kumar Pandey vs State of Up and Another

Amitabh Kumar Srivastava Alias Amitabh Srivastava vs State of Up and Another

Abdullah and Another vs State of Up and Another

Pramod A.R. Nimesh vs State of U.P. and 3 Others

Ajeet Singh Alias Sonu vs State of U.P. and Another