Disposed

Badelal Yadav and 5 Others v. State of U.P. and Another

Allahabad HC6 Sept 2024A482/16402/2024

Case brief

AI extract

What is this about?

High Court dismissed an application under Section 482 Cr.P.C. to quash charge sheet and cognizance in an IPC 504 POCSO case. Court directed applicants to file a discharge application under Section 239 Cr.P.C. before the Sessions Judge within two weeks, with no further proceedings until that decision.

What did the court decide?

Application under Section 482 Cr.P.C. disposed of with direction to file discharge application under Section 239 Cr.P.C. before court below within two weeks.

Badelal Yadav and 5 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145701

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16402 of 2024

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Applicant :- Badelal Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar,Yogesh Kumar Counsel for Opposite Party :- Ashok Kumar Yadav,G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Yogesh Kumar, 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-Badelal Yadav And 5 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 quash charge sheet No. 21/2024 dated 16.02.2024 under Section-504 I.P.C. in Case Crime No. 13 of 2024 against the applicants Police Station-Pawara District-Jaunpur as well as cognizance/summoning order dated 21.03.2024, passed by the learned court of Additional Sessions Judge/POCSO-Ist, Jaunpuur the aforesaid case.

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It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of S.S.T NO. 75 of 2024 (State Vs. Vishal) under Section 504 I.P.C. arising out of Case Crime No. 13 of 2024 Police Station-Pawara District-Jaunpur, pending before the learned Additional Sessions Judge/POCSO-Ist, Jaunpur, other wise the applicants shall suffer irreparable loss and injury.

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And/or may pass any such other and further order in favour of the applicants this Hon'ble Court may deed fit and proper in the ends of justice.

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At the very outset, the learned A.G.A. has invited the attention of Court of the police report (charge sheet) dated 16.02.2024 submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C.. Copy of which is on record at page 13 of the paper book. With reference to above, the learned A.G.A. submits that coaccused Vishal has been charge sheeted under Section 376, 504, 506 I.P.C. and Sections 5/6 POCSO Act whereas other accused i.e. applicants herein have been charge sheeted under Section 506 I.P.C.

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On the above premise, 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. 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 :- 6.9.2024 YK

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

Badelal Yadav and 5 Others v. State of U.P. and Another

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Badelal Yadav and 5 Others v. State of U.P. and Another

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