Disposed

Aman Sonkar and 3 Others v. State of U.P. and Another

Allahabad HC26 Sept 2024A482/15388/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a Section 482 Cr.P.C. application seeking to quash criminal proceedings. It directed the applicants to file a discharge application under Section 239 Cr.P.C. in the lower court instead, as the lower court is best placed to examine the grounds.

What did the court decide?

Application disposed; applicants directed to file discharge application under Section 239 Cr.P.C. in lower court within two weeks.

Aman Sonkar 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:157727

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15388 of 2024

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Applicant :- Aman Sonkar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mani Yagyesh Tripathi,Premnendra Singh

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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. Mani Yagyesh Tripathi, 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- Aman Sonkar And 3 Others, 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:

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"A. To quash the entire proceedings of Case No. 115699 of 2023 (State versus Aman Sonkar and others) pending before the Court of Chief Metropolitan Magistrate, Kanpur Nagar, arising out of Case Crime No. 91 of 2022 under sections 323, 504 and 506 I.P.C. registered at Police Station Rawatpur district Kanpur Nagar.

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B. To quash the impugned Charge Sheet No. 47 of 2023 under sections 323, 504, 506 I.P.C. submitted by the investigating officer in Case No. Case No. 115699 of 2023 (State versus Aman Sonkar and others) pending before the Court of Chief Metropolitan Magistrate, Kanpur Nagar, arising out of Case Crime No. 91 of 2022 under sections 323, 504 and 506 I.P.C. registered at Police Station Rawatpur district Kanpur Nagar.

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C. To quash the impugned Cognizance Order dated 13-07-2023 passed by Chief Metropolitan Magistrate, Kanpur Nagar taking cognizance on Charge Sheet No. 47 of 2023 under sections 323, 504, 506 I.P.C. filed by the investigating officer in Case No. 115699 of 2023 (State versus Aman Sonkar and others) pending before the Court of Chief Metropolitan Magistrate, Kanpur Nagar, arising out of Case Crime No. 91 of 2022 under sections 323, 504 and 506 I.P.C. registered at Police Station Rawatpur district Kanpur Nagar.

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D. To Stay entire proceedings of Case No. 115699 of 2023 (State versus Aman Sonkar and others) pending before the Court of Chief Metropolitan Magistrate, Kanpur Nagar, arising out of Case Crime No. 91 of 2022 under sections 323, 504 and 506 I.P.C. registered at Police Station Rawatpur district Kanpur Nagar, during pendency of the present application of the

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applicant before this Hon'ble Court.

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E. To pass such other and further order / orders which this Honourable Court may deem fit and proper under the fact and circumstances of the present case, so that justice may be done with the applicants, otherwise the applicant shall suffer irreparable loss and great hardship which cannot be compensated later in terms of money."

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At the very outset, the learned A.G.A. submits that applicants have 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 applicants could not overcome the same.

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Having heard the learned counsel for applicants, 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 applicants 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 applicants 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 applicants 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

Aman Sonkar and 3 Others v. State of U.P. and Another

Case brief

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Aman Sonkar and 3 Others v. State of U.P. and Another

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