Disposed

Prabhawati Devi v. State of U.P. and Another

Allahabad HC4 Sept 2024A482/18517/2024

Case brief

AI extract

What is this about?

High Court disposed of an application under Section 482 Cr.P.C. without merits, directing the applicant to file a discharge application under Section 239 Cr.P.C. in the lower court within two weeks.

What did the court decide?

Disposed with direction to file a Section 239 Cr.P.C. discharge application in lower court within two weeks.

Prabhawati Devi vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143468

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18517 of 2024

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Applicant :- Prabhawati Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunjesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Kunjesh Kumar Dubey, 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- Prabhawati Devi, 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 criminal case no. 27 of 2021 ( State -vs- Abhishek Kumar and others) arising out of case crime no.110 of 2020 under section 323,504,506,147,308 I.P.C,P.S Holagarh, District Prayagraj pending before J.M.3rd Allahabad as well as quash the charge sheet dated 03.09.2020 submitted by I. in aforementioned case.

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It is further prayed that this Hon'ble court may be pleased to stay the further proceeding of criminal case no. 27 of 2021 ( State -vs- Abhishek Kumar and others) arising out of case crime no. 110 of 2020 under section 323,504,506,147,308 I.P.C ,P.S Holagarh, District Prayagraj ,pending before J.M.3rd Allahabad, during the pendency of present criminal misc. application before this Hon ble court, otherwise the applicant shall suffer an irreparable loss and injury.

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And/or to pass any such other or further order as this Hon'ble court may deem fit and proper in the present facts and 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. 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 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 :- 4.9.2024 Arshad

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

Prabhawati Devi v. State of U.P. and Another

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Prabhawati Devi v. State of U.P. and Another

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