Disposed

Nawabul Hasan and 4 Others v. State of U.P. and Another

Allahabad HC1 Oct 2024A482/18916/2024

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What is this about?

The Court disposed of an application under Section 482 Cr.P.C. seeking quashing of charge sheet and cognizance order. It held that the same issue needs to be examined by the lower court via a discharge application under Section 239 Cr.P.C. and directed the applicants to file the same within two weeks.

What did the court decide?

Application disposed of; applicants directed to file a discharge application under Section 239 Cr.P.C. in the Court below within two weeks.

Nawabul Hasan and 4 Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160462

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18916 of 2024

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Applicant :- Nawabul Hasan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajesh Yadav, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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Applicants-Nawabul Hasan and 4 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 this application and quash the charge sheet dated 04.12.2018, cognizance order dated 08.08.2023 as well as entire proceedings of Case No. 6034/9 of 2023, State versus Nawabul Hasan and others, arising out of Case Crime No. 537 of 2018, under Sections 420, 467, 468, 471, 506, 120B I.P.C., Police Station Civil Lines, District Moradabad pending in the court of learned Additional Chief Judicial Magistrate II, Moradabad.

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It is further prayed stay the further proceedings of Case No. 6034/9 of 2023, State versus Nawabul Hasan and others, arising out of Case Crime No. 537 of 2018, under Sections 420, 467, 468, 471, 506, 120B I.P.C., Police Station Civil Lines, District Moradabad pending in the court of learned Additional Chief Judicial Magistrate II, Moradabad during pendency of the instant application otherwise, the applicants shall suffer irreparable loss and injury and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and 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

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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 :- 1.10.2024 Vinay

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

Nawabul Hasan and 4 Others v. State of U.P. and Another

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Nawabul Hasan and 4 Others v. State of U.P. and Another

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