Disposed

Neha Arora and 2 Others v. State of U.P. and Another

Allahabad HC19 Sept 2024A482/21898/2024

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings under Section 482 Cr.P.C. at the interim stage, noting the applicants had not availed the statutory remedy of discharge under Section 239 Cr.P.C. The application was disposed of with a direction to the applicants to approach the trial court for discharge within two weeks.

What did the court decide?

Direction to approach trial court for discharge under Section 239 Cr.P.C. within two weeks; quashing application disposed of.

Neha Arora and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:152841

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 21898 of 2024

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Applicant :- Neha Arora And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ramesh Kumar Kannaujiya, 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-Neha Arora and 2 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 very graciously be pleased to allow this application and quash the entire proceeding of Case No. 11703 of 2021 (State Vs. Neha Arora and Others) arising out of Case Crime No. 0338 of 2020, under Sections 323, 504, 506 of IPC, Police StationDakshin, District-Firozaabad pending in the Court of Chief Judicial Magistrate, Firozabad."

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It is further prayed that this Hon'ble Court be pleased to stay the entire proceeding of Case No. 11703 of 2021 (State Vs. Neha Arora and Others) arising out of Case Crime No. 0338 of 2020, under Sections 323, 504, 506 of IPC, Police Station-Dakshin, District-Firozaabad pending in the Court of Chief Judicial Magistrate, Firozabad, during pendency of present application before this Hob'le Court, otherwise the applicants shall suffer irreparable loss and injury.

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And/or to pass such other and further order, which this Hon'ble 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 applicants have rushed to this Court by filing the present application under Section 482 Cr.P.C. without availing statutory remedy available

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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 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 :- 19.9.2024 Vinay

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

Neha Arora and 2 Others v. State of U.P. and Another

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Neha Arora and 2 Others v. State of U.P. and Another

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