Disposed

Surendra Kumar and 3 Others v. State of Up ANOther

Allahabad HC18 Sept 2024A482/21526/2024

Case brief

AI extract

What is this about?

Charge-sheeted applicants sought quashing of proceedings under Sections 452, 323, 504, 506, 427 IPC via a Section 482 CrPC petition without first filing a discharge application under Section 239. The court declined interference and directed the applicants to seek discharge before the trial court.

What did the court decide?

Application disposed; directed to file Section 239 CrPC discharge application within two weeks; trial court to decide within two months and not proceed meanwhile.

Surendra Kumar and 3 Others vs State of Up ANOther — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152123

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 21526 of 2024

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Applicant :- Surendra Kumar And 3 Others Opposite Party :- State Of Up Another Counsel for Applicant :- Gauri Shankar Yadav,Rajesh Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajesh Kumar 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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At the very outset, the learned counsel for applicants fairly submits that he be permitted to amend the cause title of this application by deleting the name of applicant 4 from the array of parties.

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Prayer made for by the learned counsel for applicant 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/amendment be carried out by the learned counsel for applicants during course of the day.

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Applicants Surendra Kumar and 3 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 kindly be pleased to allow the present application and quash the entire criminal proceedings of case No. 111 of 2024 (State Vs. Surendra Kumar and others) pertaining in case crime no. 0118 of 2023 in under Section 452, 323, 504, 506, 427 I.P.C. police station Sandipanghat, District Kaushambi pending in the Court of Additional Civil Judge (S.D.), Kaushambi, District Kaushambi in the interest of justice.

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It is further prayed that the entire proceedings of the aforesaid case no. 111 of 2024 (State Vs. Surendra Kumar and others) pertaining in case crime no. 0118 of 2023 in under Section 452, 323, 504, 506, 427 I.P.C.

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police station Sandipanghat, District Kaushambi pending in the Court of Additional Civil Judge (S.D.), Kaushambi, District Kaushambi in the interest of justice, shall remain stayed, during the pendency of the present application before this Hon'ble Court.

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And or pass such other and further order which this Hon'ble Court may deem fit and proper in 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 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 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 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 :- 18.9.2024/HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Surendra Kumar and 3 Others v. State of Up ANOther

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Surendra Kumar and 3 Others v. State of Up ANOther

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