Charge-sheeted accused sought quashing of a Sessions Court case via Section 482 CrPC. The State argued the statutory discharge remedy under Section 239 CrPC was unexercised. The High Court agreed and disposed of the petition, directing applicants to file a Section 239 discharge application, to be decided within two months.
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Neutral Citation No. - 2024:AHC:151181
Court No. - 77
Case :- APPLICATION U/S 482 No. - 17195 of 2024
Applicant :- Irfan And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Suvash Ram,Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the entire proceeding of Criminal Case No. 622 of 2024- (State Vs. Irfan and others) as well as Charge Sheet dated 05-12-2023 including cognizance/summoning order dated 14-03-2024, arising out of Case Crime No. 132 of 2023, under sections 353, 332, 323, 504, 506, 427, 393, 120-B I.P.C., Police Station Shamshabad, District Agra, pending in the court of Additional Session Judge/Special Judge (D.A.Α.), Court No.3, Agra.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding of Criminal Case No. 622 of 2024- (State Vs. Irfan and others) as well as Charge Sheet dated 05-12-2023 including cognizance order dated 14-03-2024, arising out of Case Crime No. 132 of 2023, under sections 353, 332, 323, 504, 506, 427, 393, 120-B I.P.C., Police Station - Shamshabad, District - Agra, pending in the court of Additional Session Judge/Special Judge (D.A.A.), Court No.3, Agra, otherwise the Applicants shall suffer an irreparable loss and injury
And/or to pass such other and further order protecting the interests of the Applicants which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, so
that justice may be done."
Order Date :- 17.9.2024 Vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should quash the criminal proceedings when the statutory remedy under Section 239 Cr.P.C. has not been availed by the charge-sheeted accused.
2 provisions across 1 enactments
Irfan And 3 Others
State Of Up
Another
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
