Disposed

Keshaw Singh v. State of Up and Another

Allahabad HC12 Jul 2024A482/22178/2024

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What is this about?

Applicant sought a direction under Section 482 Cr.P.C. ordering the Special Judge to decide his pending discharge application. The Court directed the lower court to decide the application within two months by a reasoned order before proceeding further with the trial.

What did the court decide?

Direction to Court below to decide discharge application dated 4.5.2024 by reasoned order within two months; trial barred until disposal.

Keshaw Singh vs State of Up and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116273

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 22178 of 2024

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Applicant :- Keshaw Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Neeraj Singh, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant Keshaw Singh, has approached this Court for a direction to Court below i.e. Special Judge Court No.5, Gorakhpur, to decide the discharge application dated 4.5.2024 filed by applicant Paper No. 32 kha, under section 227 Cr.P.C. seeking his discharge in aforesaid case, within a time period fixed by this Court.

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Learned counsel for applicant contends that applicant is not named in the F.I.R. but he has been charge sheeted in the police report dated 2.3.2023, submitted by Investigating Officer under section 173 (3) Cr.P.C. Accordingly applicant filed discharge application dated 4.5.2024 in terms of Section 227 Cr.P.C. before Court below seeking discharge in aforesaid criminal case. However, the said discharge application filed by applicant has not been decided till date. He further contends that till the discharge application filed by applicant is decided the trial cannot proceed further. He, therefore contends that Interest of justice shall be served in case a direction is isued by this Court to Court concerned to decide the discharge application filed by applicant is decided within a time period fixed by this court.

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Per contra, the learned A.G.A. has opposed the present application. He submits that in view of five Judges Bench judgement of the Supreme Court in High Court Bar Association, Allahabad Vs. State of U.P. and Others, 2024 SCC Online SC 207 no direction for time bound disposal can be issued. However, the learned A.G.A. could not dislodge the equitable submission urged by the learned counsel for applicant, with reference to the record at this stage.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of material brought on record, this Court finds that Court below is legally bound to decide the discharge application of applicant, before proceeding with the trial of the applicant.

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Considering the above, this application is disposed of finally with a direction to Court below to decide the discharge application dated 4.5.2024 filed by applicant by a reasoned and speaking order within a period of two months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.

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It goes without saying that till the disposal of the discharge application, the Court below shall not proceed further with the trial.

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Order Date :- 22.7.2024 Arshad

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

Keshaw Singh v. State of Up and Another

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Keshaw Singh v. State of Up and Another

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