Disposed

Amarnath Gupta and 2 Others v. State of U.P. and Another

Allahabad HC2 Sept 2024A482/17769/2024

Case brief

AI extract

What is this about?

The High Court disposed of the applicant's petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings and staying the case, holding that the matter should be addressed at the stage of discharge under Section 239 Cr.P.C. The applicants were directed to file a discharge application within two weeks, with the trial court directed to decide it within two months.

What did the court decide?

Application disposed of; applicants directed to file discharge application under Section 239 Cr.P.C. within two weeks; trial court directed to decide within two months.

Amarnath Gupta and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:151223

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 17769 of 2024

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Applicant :- Amarnath Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sudhir Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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At the very outset, the learned counsel for applicants submits that he be permitted to delete the name of applicant-3 Narshing Gupta (Minor) from the cause title of present application.

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Prayer made by the learned counsel for applicants is bona-fide. Same is not opposed by the learned A.G.A.

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Accordingly, it is allowed.

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Let necessary correction in the cause title of this application be carried out by the learned counsel for applicants during course of the day.

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Applicants-Amarnath Gupta And 2 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 allow the present application in favour of the applicant and quash the entire criminal proceeding of criminal case No. 9067 of 2023 (State Vs. Amarnath Gupta) pending before Judicial Magistrate, Court No. 15, Azamgaarh as well as Charge-Sheet No. A277 dated 14.09.2022 submitted before court concerned against the applicants arising out of case crime No. 311 of 2022, under Section 323, 427, 504 & 506 I.P.C., Police-Station Maharajganj, District Azamgarh including the cognizance and summoning order dated 09.08.2023 against the applicants. So that the justice may be done.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceedings of case No. 9067 of 2023 (State Vs. Amarnath Gupta &

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others) pending before Judicial Magistrate, Court No. 15, Azamgarh as well as Charge-Sheet No. A277 dated 14.09.2023 arising out of case crime No. 311/2022, under Section 323, 427, 504 & 506 I.P.C., Police-StationMaharajganj, District Azamgarh and its' furtherance cognizance and summoning order dated 09.08.2023 passed by Judicial Magistrate, Court No. 15, Azamgarh against the applicant, till the disposal of the present application, otherwise the applicant will suffer irreparable loss and injury in the circumstances of the case."

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At the very outset, the learned A.G.A. submits that applicants have 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 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 off 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 their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants 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 :- 17.9.2024 Vinay

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

Amarnath Gupta and 2 Others v. State of U.P. and Another

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Amarnath Gupta and 2 Others v. State of U.P. and Another

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