Disposed

Brij Kumar Yadav v. State of U.P. and Another

Allahabad HC24 Sept 2024A482/16600/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. directing the applicant to approach the Court below with a discharge petition under Section 239 Cr.P.C. instead, as the lower court has the advantage of the original record.

What did the court decide?

Application disposed off. Directed to file discharge application under Section 239 Cr.P.C. in lower court within two weeks.

Brij Kumar Yadav vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:156302

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16600 of 2024

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Applicant :- Brij Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Manoj Kumar Yadav, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant-Brij Kumar Yadav, 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 prayed is therefore most respectfully that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 20-9-2023 as well as summoning order dated 21-11-2023 passed in Case No.2578 of 2023, arising out of Case Crime No.159 of 2023 U/s 379 of the I.P.C., P.S.Mariyahun, District-Jaunpur, pending before the Court of Additional Chief Judicial Magistrate, First, Jaunpur.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of the Case No.2578 of 2023 as well as charge sheet dated Crime I.P.C., 20-9-2023, No.159 of arising 2023 U/s out 379 of of Case the P.S.-Mariyahun, District-Jaunpur, pending before the Court Chief Jaunpur. done. suffer of Additional Magistrate, Judicial So, that the Otherwise a great First, justice may applicant the loss irreparable be shall and injuries which cannot be compassionate in terms of money.

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And/or pass such other and further orders which this Hon'ble Court may deem fit and proper under the circumstances of the case."

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At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 482 Cr.P.C. without availing 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 threadbare 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 off 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 their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today along with 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 :- 24.9.2024 Vinay

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

Brij Kumar Yadav v. State of U.P. and Another

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Brij Kumar Yadav v. State of U.P. and Another

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