Disposed

Gorish Kumar Sharma v. State of Up and Another

Allahabad HC15 Jul 2024A482/16736/2024

Case brief

AI extract

What is this about?

A charge-sheeted accused sought quashing of proceedings under Sections 482 CrPC without first filing a Section 239 discharge application. The court directed him to file a discharge application before the court below within two weeks, to be decided within two months; proceedings stayed meanwhile.

What did the court decide?

Applicant directed to file Section 239 discharge application within two weeks; court below to decide within two months and hold trial pending its disposal.

Gorish Kumar Sharma vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 16736 of 2024

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Applicant :- Gorish Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Narendra 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-Gorish Kumar Sharma 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 quash the entire proceeding of Case No. 888 of 2021 (State Vs. Gorish), as well as charge sheet dated 27.10.2020, arising out of Case Crime No. 701 of 2019, under Section 354, 504 and 506 IPC, Police Station Tronica City, District Ghaziabad and cognizance/summoning order dated 16.09.2020 pending in the Court of Additional Civil Judge (J.D.-4), Ghaziabad and further be pleased to stay the further proceeding of Case No. 888 of 2021 (State vs. Gorish), as well as charge sheet dated 27.01.2020, arising out of Case Crime No. 701 of 2019, under Section 354, 504 and 506 IPC, Police Station Tronica City, District Ghaziabad and cognizance/summoning order dated 16.09.2020 pending in the Court of Additional Civil Judge (J.D.-4), Ghaziabad during the pendency of the trial before Court below.

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And/or to pass any other further order or direction as 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 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 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

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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 :- 19.9.2024 HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Gorish Kumar Sharma v. State of Up and Another

Case brief

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Gorish Kumar Sharma v. State of Up and Another

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