Disposed

Sunil Rathore v. State of U.P. and Another

Allahabad HC3 Sept 2024A482/17955/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of proceedings. It directed the applicant to file a discharge application under Section 239 Cr.P.C. in the trial court, interposing a stay on further proceedings.

What did the court decide?

Application disposed; direction to file discharge application under Section 239 Cr.P.C.; stay until discharge application is decided.

Sunil Rathore vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:157441

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 17955 of 2024

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Applicant :- Sunil Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijit Mishra,Raj Kumari Tiwari Counsel for Opposite Party :- Ashish Pandey,G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Abhijit Mishra, 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-Sunil Rathore, 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 including the charge sheet dated 30-12-2022 and cognizance Order dated 29-3-2023 in case no. 1148/2023 in F.I.R. dated 4- 11-2022 in case crime no. 334 of 2022, under section 384,506,509 I.P.C., P.S. Bichwan, Distt Mainpuri, State vs. Sunil Rathore pending in the court of Addl. C.J.M., first, Mainpuri.

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It is, further prayed that this Hon'ble court may graciously be pleased to stay effect and operation of charge sheet dated 30-122022 and cognizance Order dated 29-3-2023 in case no. 1148/2023 in F.I.R. dated 4-11-2022 in case crime no. 334 of 2022, under section 384,506,509 I.P.C., P.S. Bichwan, Distt Mainpuri, State vs. Sunil Rathore pending in the court of Addl. C.J.M., first, Mainpuri.

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Or to pass such other or further which court may deem fit and proper in 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

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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 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 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 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

Sunil Rathore v. State of U.P. and Another

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Sunil Rathore v. State of U.P. and Another

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