Disposed

Masaifi @ Mohammad Afzal Saifi and 3 Others v. State of U.P. and Another

Allahabad HC20 Sept 2024A482/14331/2024

Case brief

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What is this about?

Charge-sheeted accused sought quashing of proceedings under Section 482 CrPC without first filing a discharge application. Court directed applicants to seek discharge under Section 239 CrPC within two weeks; court below to decide within two months with interim stay of further proceedings.

What the court decided

AI extract

Masaifi @ Mohammad Afzal Saifi and 3 Others vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153324

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 14331 of 2024

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Applicant :- Masaifi @ Mohammad Afzal Saifi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi,Rajiv Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajiv Kumar Pandey, 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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Applicants- Masaifi @ Mohammad Afzal Saifi And 3 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 entire proceeding including charge-sheet dated 27.05.2023 as well as cognizance order dated 16.03.2024 in Case No. 10123 of 2024 arising out of Case Crime No. 548 of 2022, under section 420, 467, 468, 469, 471, 504, 506 I.P.C. Police station Roravar, State Versus M.A. Saifi and others, pending in the court of Additional Chief Judicial Magistrate, Aligarh.

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It is further prayed that further proceeding of the abovementioned case may be stay the further proceedings of Case No. 10123 of 2024 arising out of Case Crime No. 548 of 2022, under section 420, 467, 468, 469, 471, 504, 506 I.P.C. Police station Roravar, State Versus M.A. Saifi and others, pending in the court of Additional Chief Judicial Magistrate, Aligarh."

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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. 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 within a period of two months 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 :- 20.9.2024 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Masaifi @ Mohammad Afzal Saifi and 3 Others v. State of U.P. and Another

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Masaifi @ Mohammad Afzal Saifi and 3 Others v. State of U.P. and Another

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