In this Section 482 Cr.P.C. application seeking quashing of criminal proceedings, the High Court held the petitioner had an efficacious remedy. The court permitted the applicant to file a discharge application before the trial court within three weeks.
Applicant is permitted to file a discharge application before the trial court within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:83350
Court No. - 30
Case :- APPLICATION U/S 482 No. - 28 of 2017
Applicant :- Mohammad Israr Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ghulam Mohammad Kamil Counsel for Opposite Party :- Govt. Advocate,Nijam Ahamad
Hon'ble Om Prakash Shukla,J.
1. Heard learned Counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
2. By means of this application under Section 482 Cr.P.C., the applicant, Mohammad Israr , has prayed for quashing of the entire proceeding of Case No.540 of 2014 including impugned orders dated 08.09.2016 and 11.08.2016 passed by the Judicial Magistrate- Ist class, Ambedkar Nagar and Sessions Judge, Ambedkar Nagar respectively.
3. Learned Counsel for the applicant has submitted that the applicant has been falsely implicated in the aforesaid case as he has not committed any offence as alleged in the aforesaid case.
4. Learned AGA has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the applicant has got efficacious remedy by filing discharge application.
5. While entertaining this application, a Co-ordinate Bench of this Court, vide order dated 05.01.2017 has granted interim protection.
6. Taking into consideration the fact that the applicant is having an equally efficacious remedy to file discharge application before the competent Court, without entering into the merits of
the issue, the applicant is permitted to file a discharge application before the trial Court through counsel taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/evidence, which are necessary for disposal of the discharge application, within a period of three weeks from today and if such application is filed by the applicant before the trial Court within the aforesaid stipulated time, the trial Court shall consider and decide the said application strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing to the concerned parties, expeditiously, say within a period of two weeks thereafter.
7. The application is, accordingly, disposed of .
(Om Prakash Shukla,J.)
Order Date :- 11.12.2024 Gurpreet Singh
Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. for quashing proceedings is maintainable when an efficacious remedy of filing a discharge application exists.
Whether discharge application alone constitutes an efficacious remedy precluding quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Mohammad Israr
Om Prakash Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
