Disposed

Yusuf and Another v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/23809/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 CrPC to quash criminal proceedings, holding that the applicants failed to avail the statutory remedy of discharge under Section 239 CrPC. The Court directed the applicants to file a discharge application in the court below.

What did the court decide?

Application disposed of with direction to file discharge application under Section 239 CrPC; proceedings stayed until disposal of discharge application.

Yusuf and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154282

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 23809 of 2024

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Applicant :- Yusuf And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Tripathi,Shailesh Kumar Shukla

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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. Abhinav Tripathi, 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 Yusu and Massiullah, 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 entire proceeding of Case No. 1252 of 2023 (State Vs. Yusuf and another), under Sections 420, 467, 468, 471 I.P.C., Police Station Khandala, District Shamli pending in the court of Chief Judicial Magistrate, Kairana, District Shamli. as well as charge-sheet dated 12.09.2023 submitted by investigating officer and cognizance dated 10.11.2023.

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It is further prayed that during the pendency of present application before this Hon'ble the further proceeding of Case No. 1252 of 2023 (State Vs. Yusuf and another), under Sections 420, 467, 468, 471 I.P.C., Police Station Khandala, District Shamli, arising out of Case Crime No. 114 of 2023, under Sections 420, 467, 468, 471 I.P.C., Police Station Khandala, District Shamli pending in the court of Chief Judicial Magistrate, Kairana, District Shamli may kindly be stayed.

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And/or pass such other suitable order or direction 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

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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 :- 21.9.2024 HSM

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

Yusuf and Another v. State of U.P. and Another

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Yusuf and Another v. State of U.P. and Another

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