Disposed

Praveen Kumar Gupta and Another v. State of U.P. and 2 Others

Allahabad HC27 Aug 2024A482/15682/2024

Case brief

AI extract

What is this about?

The applicant, a charge-sheeted accused, sought to quash proceedings and the charge sheet under Section 482 CrPC, alleging a civil dispute. The Court dismissed the application, directing the accused to approach the trial court for discharge under Section 239 CrPC, noting the trial court's advantage with original records.

What did the court decide?

Application under Section 482 CrPC disposed of with direction to seek discharge under Section 239 CrPC from the trial court within two weeks.

Praveen Kumar Gupta and Another vs State of U.P. and 2… — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:136779

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 15682 of 2024

¶4

Applicant :- Praveen Kumar Gupta And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Akash Mishra, the learned counsel for applicants and the learned A.G.A. for State.

¶7

Perused the record.

¶8

Applicants, who are charge-sheeted accused, have approached this Court by means of present application under Section 482 CrPC with the following prayer :

¶9

"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the entire proceedings as well as the impugned charge sheet dated 22.07.2023 alongwith cognizance taking order dated 11.09.2023 in Criminal Case No.(R) 6732 of 2023 (State Vs. Praveen Kumar Gupta and others) arising out of Case Crime No.76 of 2023, under Section 420, 406, 468 IPC, Police Station Kopaganj, District Mau pending in the court of Chief Judicial Magistrate, Mau, in the interest of justice, otherwise applicants shall suffer irreparable loss and injury.

¶10

It is further prayed that this Hon'ble court may graciously be pleased to stay further proceedings of Criminal Case No.(R) 6732 of 2023 (State Vs. Praveen Kumar Gupta and others) arising out of Case Crime No.76 of 2023, under Section 420, 406, 468 IPC, Police Station Kopaganj, District Mau pending in the court of Chief Judicial Magistrate, Mau, during the pendency of present application."

¶11

Learned counsel for applicants submits that the dispute between the parties is a purely civil dispute arising out of business transactions which has been dragged into criminal litigation. He, therefore, contends that in view of above the present criminal proceedings initiated by opposite party 2 against applicants are not only malicious but also an abuse of the process of court. Remedy lies to the first informant to file a suit for rendition of accounts. Consequently, the same are liable to be quashed by this Court.

¶12

Per contra, the learned A.G.A. has vehemently opposed the present application. He submits that applicants are chargesheeted accused therefore, prima facie material exists on record to sustain the allegations made in the first information report/charge-sheet. On the above premise, the learned A.G.A. contends that irrespective of the fact that charge-sheet has been submitted against applicants, they can very well

¶13

approach the court below by moving a discharge application under Section 239 CrPC, wherein the court below can examine all the grounds raised by applicants in present application, with reference to the record. The learned A.G.A. thus concludes that no interference is warranted by this Court.

¶14

When confronted with above, the learned counsel for applicants could not overcome the same.

¶15

Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record and evaluation of the rival submissions urged by the learned counsel for parties, this Court finds that no useful purpose shall be served in keeping this application pending. Interest of justice shall better be served in case applicants are permitted to approach the court below and seek discharge in terms of Section 239 CrPC. The court below can examine all the grounds threadbare with reference to the record as it has advantage of original records.

¶16

Accordingly, present application under Section 482 CrPC stands disposed of finally with a direction to the applicants to approach court below by filing a discharge application in terms of Section 239 CrPC seeking their discharge in aforementioned criminal case. In case, such a discharge application is filed within a period of two weeks from today along with the certified copy of this order, court below shall decide the same by means of a reasoned and speaking order within a period of two months thereafter.

¶17

It goes without saying that till the disposal of the discharge application, court below shall not proceed further against applicants.

¶18

Order Date :- 27.8.2024. Rks.

¶19

Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad

Praveen Kumar Gupta and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Praveen Kumar Gupta and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lallu Alias Mohd Navi and 3 Others vs State of U.P. and Another

Vinay Kumar Pandey vs State of Up and Another

Amitabh Kumar Srivastava Alias Amitabh Srivastava vs State of Up and Another

Janu Alias Mohsin vs State of Up and Another

Abdullah and Another vs State of Up and Another

Pramod A.R. Nimesh vs State of U.P. and 3 Others