Disposed

Abdul Bilal Ansari v. State of U.P. and Another

Allahabad HC27 Aug 2024A482/13713/2024

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 CrPC seeking quashing of criminal proceedings, directing the applicant to instead file a discharge petition before the lower court under Section 227 CrPC.

What did the court decide?

Application under Section 482 CrPC disposed; applicant directed to file discharge application under Section 227 CrPC before lower court.

Abdul Bilal Ansari vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:137251

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 13713 of 2024

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Applicant :- Abdul Bilal Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Kashyap Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Vijay Kumar Kashyap, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant, who is a charge-sheeted accused, has approached this Court by means of present application under Section 482 CrPC 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 the proceeding as well as impugned Cognizance and summoning order dated 23.11.2023 passed by Additional Chief Judicial Magistrate-III, Gorakhpur in case no.53907 / 2023 (State vs. Abdul Bilal Ansari and others), Under Section 323, 308, 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur as well as charge sheet dated 14.10.2023 , Under Section 323, 308, 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur arising out of first information report dated 05.09.2023 in FIR no.733/2023, Under Section 323, 354(B), 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur.

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And it is further prayed that this Hon'ble court may graciously be pleased to stay the further criminal proceeding in connection of impugned Cognizance and summoning order dated 23.11.2023 passed by Additional Chief Judicial Magistrate-III, Gorakhpur in case no.53907 / 2023 (State vs. Abdul Bilal Ansari and others), Under Section 323, 308, 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur as well as charge sheet dated 14.10.2023, Under Section 323, 308, 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur arising out of first information report dated 05.09.2023 in FIR no.733/2023, Under Section 323, 354(B), 452, 504, 506, Indian Penal Code, Police Station Pipraich, District Gorakhpur, otherwise the Applicant shall suffer irreparable loss and injury."

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Learned counsel for applicant submits that as per the material on record no offence under the charging sections is made out against present applicant. He further submits that the present case is a case of no evidence. Irrespective of above, Investigating Officer has submitted the police report in terms of Section 173 (2) CrPC (charge-sheet) upon which cognizance has been taken by court below. As such, the impugned charge-sheet, cognizance taking order/summoning order dated 23.11.2023 passed by court below as well as entire proceedings of the consequential criminal case are liable to be quashed by this Court.

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Per contra, the learned A.G.A. has vehemently opposed the present application. He submits that in view of the submissions urged by the learned counsel for applicant in support of present application, remedy lies to the applicant to approach the court below itself by seeking discharge under Section 227 CrPC, wherein the court below can examine all the grounds raised by applicant in present application, with reference to the record. Learned A.G.A. further submits that the allegations made in the first information report/chargesheet can be examined more appropriately by the court below as it has the advantage of the entire record. The learned A.G.A. thus concludes that no interference is warranted by this Court.

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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 and evaluation of the rival submissions urged by the learned counsel for parties, this Court finds that no useful purpose shall be served in keeping this application pending. Interest of justice shall better be served in case applicant is permitted to approach the court below and seek discharge in terms of Section 227 CrPC. The court below can examine all the grounds threadbare with reference to the record as it has advantage of original records.

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Accordingly, present application under Section 482 CrPC stands disposed of finally with a direction to the applicant to approach court below by filing a discharge application in terms of Section 227 CrPC seeking his discharge in aforementioned criminal case. In case, such a discharge application is filed within a period of two weeks from today along with the certified copy of this order, court below shall decide the same by means of a reasoned and speaking order within a period of two months thereafter, provided there is no legal impediment.

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It goes without saying that till the disposal of the discharge application, court below shall not proceed further against applicant.

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Order Date :- 27.8.2024. Rks.

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

Abdul Bilal Ansari v. State of U.P. and Another

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Abdul Bilal Ansari v. State of U.P. and Another

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