Disposed

Bhola @ Nafisa Khan and Another v. State of Up and Another

Allahabad HC26 Jul 2024A482/17280/2024

Case brief

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Applicants, charge-sheeted accused in a cheating and forgery case, sought quashing of proceedings under Section 482 Cr.P.C., contending there was no documentary evidence. The Court disposed of the application directing them to seek discharge under Section 239 Cr.P.C. before the trial court within two weeks, to be decided per Supreme Court guidance.

What the court decided

AI extract

Bhola @ Nafisa Khan and Another 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. - 17280 of 2024

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Applicant :- Bhola @ Nafisa Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Viveka Nand Rai, the learned counsel for applicants and the learned A.G.A. for State.

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Applicants- Bhola @ Nafisa Khan and Shabanam 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 kindly be pleased to allow the present Criminal Misc. Application (U/s 482 of Cr.P.C.) and quash the entire Criminal proceeding of Case No. 1696/IX/2024 (State versus Smt. Shabanam and others) arising out of Case Crime No. 300 of 2023, Under Section 420, 467, 468, 471 I.P.C., Police Station Kosi Kalan, District Mathura alongwith Cognizance Order/Summoning Order dated 09.04.2024 passed by Judicial Magistrate Chhatta, District Mathura, pending before Judicial Magistrate Chhata, District Mathura and charge sheet dated 5.12.2023.

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It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding of Case No. 1696/IX/2024 (State versus Smt. Shabanam and others) arising out of Case Crime No. 300 of 2023, Under Section 420, 467, 468, 471 I.P.C., Police Station Kosi Kalan, District Mathura alongwith Cognizance Order/Summoning Order dated 09.04.2024 passed by Judicial Magistrate Chhatta, District Mathura, pending before Judicial Magistrate Chhata, District Mathura, during the pendency of the present Criminal Misc. Application (U/s 482 of Cr.P.C.) before this Hon'ble court. Otherwise the applicants shall suffer irreparable loss and hardship.

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

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Learned counsel for applicant submits that except for the statements of first informant, there is no other material on the record on basis of which the criminality alleged to have committed by applicant can be said to established. It is further contended that the present case is a case of no documentary evidence. As such,the impugned proceedings are liable to be quashed by this Court.

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Per contra, the learned A.G.A. has opposed the present application. He contends that in view of the submissions urged by the learned counsel for applicants, remedy lies to applicants to approach the Court below itself by seeking discharge in terms of Section 239 Cr.P.C. On the above premise, learned A.G.A. submits that no interference is warranted by this Court in present application.

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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. In view of the submissions urged by the learned counsel for applicants, it would be more appropriate if the applicants are directed to approach Court below and seek discharge in terms of Section 239 Cr.P.C. as all the grounds raised in support of this application can be examined thread bare at the first instance by Court below as it has the advantage of original record.

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Accordingly, this application is disposed of finally with direction to applicants to file discharge application in terms of Section 239 Cr.P.C. before Court below within a period of two weeks from today along with a certified copy of this order. In case, such a discharge application is filed by applicants within the time period as mentioned above, Court below shall decide the same by a reasoned and speaking order and in the light of observations made by Apex Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh and Another (2022) 15 SCC 720 within a period of two months thereafter, provided there is no other legal impedement.

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It goes without saying that Court below shall proceed against applicants only after the disposal of discharge application.

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Order Date :- 18.9.2024 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Bhola @ Nafisa Khan and Another v. State of Up and Another

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Bhola @ Nafisa Khan and Another v. State of Up and Another

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