Disposed

Husain Mohammad and 2 Others v. State of U.P. and Another

Allahabad HC26 Sept 2024A482/15365/2024

Case brief

AI extract

What is this about?

The High Court held that an accused filed under Section 482 Cr.P.C. for quashing proceedings without availing the statutory remedy of a discharge application under Section 239 Cr.P.C. Findings warranted disposal via direction to file discharge application below.

What did the court decide?

Application disposed of; applicant directed to file discharge application under Section 239 Cr.P.C. below within two weeks.

Husain Mohammad and 2 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:157804

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15365 of 2024

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Applicant :- Husain Mohammad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Gaurav Sharma, 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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Applicant- Husain Mohammad And 2 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 impugned Charge-sheet No. 151/2022 dated 28.04.2022, impugned cognizance /summoning order dated 10.07.2023, Under Section 323, 504 and 506 of I.P.C. and entire proceeding of Case No.21841 of 2023 (State Vs. Mohammad Husain and others) Under Section 323, 504 and 506 of I.P.C., arising out of Case Crime No.108 of 2022, Police Station-Tajganj, DistrictAgra, pending in the Court of Chief Judicial Magistrate, Agra, in the interest of justice.

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It is, further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Case No.21841 of 2023 (State Vs. Mohammad Husain and others) Under Section 323, 504 and 506 of I.P.C., arising out of Case Crime No.108 of 2022, Police Station-Tajganj, District-Agra pending in the Court of Chief Judicial Magistrate, Agra, during the pendency of present application before this Hon'ble Court, otherwise the Applicants shall suffer from irreparable loss and injury."

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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

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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 :- 26.9.2024 Arshad

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

Husain Mohammad and 2 Others v. State of U.P. and Another

Case brief

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Husain Mohammad and 2 Others v. State of U.P. and Another

Case brief

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