Disposed

Faizal Alias Fazle Haque v. State of U.P. and Another

Allahabad HC26 Sept 2024A482/15392/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. for quashing the charge sheet, holding that the statutory remedy under Section 239 Cr.P.C. for discharge remains available. The applicant was directed to file a discharge application in the court below.

What did the court decide?

Application disposed; applicant directed to file discharge application under Section 239 Cr.P.C. in court below.

Faizal Alias Fazle Haque vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:157700

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15392 of 2024

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Applicant :- Faizal Alias Fazle Haque Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ashok Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Applicant- Faizal Alias Fazle Haque, 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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"It is, therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the charge sheet dates 28-3,294 as well as entire proceeding of case no. 3145 of 2024, (State of U.P. Versus Rajan Singh and others) arising out of case crime no. 9 of 2024, under section 420, 409, 34 Of I.P.C., Police Station Mubarakpur, District Azamgarh pending in the court of Chief Judicial magistrate, Azamgarh, in respect of the applicant.

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It is further prayed that this Hon'ble Court may graciously us pleased to stay the further proceedings of case no. 3145 of 2024, (State of U.P. Versus Rajan Singh and others) arising out of case crime no. 9 of 2024, under section 420, 409, 34 of I.P.C., Police Station Mubarakpur, District Azamgarh pending in the court of Chief Judicial magistrate, Azamgarh in respect of applicant, during the pendency of present 482 application, and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case, so that justice is done."

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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 :- 26.9.2024 Arshad

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

Faizal Alias Fazle Haque v. State of U.P. and Another

Case brief

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Faizal Alias Fazle Haque v. State of U.P. and Another

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