Dismissed

Arvind Kumar and 3 Others v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/15081/2024

Case brief

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What is this about?

The Court dismissed an application under Section 482 Cr.P.C. seeking to quash an order rejecting discharge, holding that such an application is premature if filed before Section 244 evidence recording is concluded. It also held the petition non-maintainable as a previous similar application had already been dismissed with liberty to seek discharge.

What the court decided

AI extract

Arvind Kumar and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:198099

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 15081 of 2024

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Applicant :- Arvind Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.,Katyayini

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Hon'ble Arun Kumar Singh Deshwal,J.

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1. Heard Mr. Vipin Chandra Pandey, learned counsel for the applicants, Ms. Katyayini, learned counsel for the informant, Mr. Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.

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2. The instant application under Section 482 Cr.P.C. has been filed for quashing of the order dated 03.02.2024 passed by the learned Judicial Magistrate, 7th, Agra, in Complaint Case No.1564 of 2021 (Smt. Kalpana Gautam Vs. Arvind and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. - Sadar Bazar, District- Agra pending in the Court of the learned Judicial Magistrate, 7th, Agra, whereby the discharge application of the applicants has been rejected.

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3. At the outset, learned counsel for the informant and learned A.G.A. for the State-respondents raised a preliminary objection regarding the maintainability of the instant application by submitting that applicants have already approached to this Court by way of filing A pplication U/S 482 Cr.P.C. No. - 35370 of 2022 (Arvind Kumar and 3 Others Vs. State of U.P. and Another) challenging the legality and validity of the impugned proceedings including its summoning order which was dismissed vide its order dated 29.11.2022 with liberty to applicants to appear before the court concerned within a period of 15 days and move application for bail/discharge, therefore, the present application on the same ground is not maintainable.

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4. Learned counsel for the applicants submits that while disposing his earlier application under Section 482 Cr.P.C. the court has permitted to applicants to move application for bail/discharge and in pursuance to that order, the applicants have filed the discharge application before the court below on 29.11.2022.

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5. Upon perusal of the impugned order dated 03.02.2024 passed on the discharge application, it is clear that the applicants have filed application under Section 245 of Cr.P.C. without waiting the stage of recording the statement under Section 244 Cr.P.C. The applicants in the garb of rejecting his discharge application cannot be permitted to again approach to this Court on the same grounds.

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6. The Hon'ble Apex Court in the case of Ajay Agarwal Vs. State of U.P. in SLP (Cr) No. - 13108 of 2024 has also observed that while dismissing the petition on merits and permitting the applicant/applicants to move discharge application is not proper.

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7. Even otherwise, the applicants are free to move the discharge application after recording the evidence of the prosecution under Section 244 Cr.P.C. but discharge application under Section 245 Cr.P.C. cannot be filed before the proceedings under Section 244 Cr.P.C. is concluded.

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8. In view of the above, this Court does not find any illegality or perversity in the impugned order and the present applications stands dismissed , accordingly.

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Order Date :- 18.12.2024 Sachin

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Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad

Arvind Kumar and 3 Others v. State of U.P. and Another

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Arvind Kumar and 3 Others v. State of U.P. and Another

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