Dismissed

Vegraj and 3 Others v. State of U.P. and Another

Allahabad HC9 Sept 2024A482/19454/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that the正确的 remedy under Section 239 Cr.P.C. has not been availed and disposed of the petition with a direction to file a discharge application in the lower court.

What did the court decide?

Application disposed of with direction to approach lower court for discharge under Section 239 Cr.P.C. within two weeks.

Vegraj and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:161000

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 19454 of 2024

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Applicant :- Vegraj And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Saran Sharma,Somendra Singh Counsel for Opposite Party :- G.A.,Shravan Kumar Pandey,Shyam Narain Pandey

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Hon'ble Rajeev Misra,J.

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Heard Mr. Shiv Saran Sharma, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Applicants-Vegraj And 3 Others, who are 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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" I. To stay the entire Criminal proceeding as well as Impugned ChargeSheet No. 01 of 2023 dated 29.08.2023 & Cognizance dated 05.10.2023 (State Vs. Vegraj and others) which arising out of Case Crime No. 0216 of 2023 under Section 323, 504, 506 & 427 I.P.C. Police-Station-Babugarh, District-Hapur, which Pending before Judicial Magistrate Ist, Hapur.

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II. To quash the entire Criminal proceeding as well as Impugned ChargeSheet No. 01 of 2023 dated 29.08.2023 & Cognizance dated 05.10.2023 (State Vs. Vegraj and others) which arising out of Case Crime No. 0216 of 2023 under Section 323, 504, 506 & 427 I.P.C. Police-Station-Babugarh, District-Hapur, which Pending before Judicial Magistrate Ist, Hapur

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And/or may pass such other further order/direction which deemed fit and proper by this Hon'ble Court under the facts and circumstances of the case, during the pendency of the present application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. submits that applicants have 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. 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 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 of 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 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 :- 1.10.2024 YK

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

Vegraj and 3 Others v. State of U.P. and Another

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Vegraj and 3 Others v. State of U.P. and Another

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