Disposed

Govind Yadav v. State of U.P. and Another

Allahabad HC23 Oct 2024A482/33043/2024

Case brief

AI extract

What is this about?

A charge-sheeted accused sought quashing of criminal proceedings and summoning orders under Section 482 Cr.P.C. The court declined to interfere, holding the grounds could be examined by the trial court via a discharge application under Section 239 Cr.P.C., and disposed of the application with directions.

What did the court decide?

Application disposed of; liberty to file Section 239 Cr.P.C. discharge application within two weeks, to be decided by trial court within two months; proceedings stayed meanwhile.

Govind Yadav vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176307

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 33043 of 2024

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Applicant :- Govind Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Srivastava,Shikhar Neelkanth Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Shikhar Neelkanth, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant- Govind Yadav, who is a charge sheeted accused has 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 quash the entire proceedings of Case No. 5645 of 2024 (State vs. Govind | Yadav) CNR No.UPAG04020382024 Case Crime no.606 of 2023 under Sections 342, 323, 506, 147 IPC P.S- Etmaddaula, District- Agra pending before the Court of Additional Chief Judicial Magistrate, Court No.8, Agra; quash the impugned charge sheet dated 03.03.2024 submitted in the aforesaid case including the cognizance order dated 28.03.2024 and also to quash the summoning order dated 29.03.2024 passed by Court of Additional Chief Judicial Magistrate, Court No.8, Agra, in the aforesaid case.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceedings of Case No. 5645 of 2024 (State vs. Govind Yadav) CNR No.UPAG04020382024 Case Crime no.606 of 2023 under Sections 342, 323, 506, 147 IPC P.S-Etmaddaula, District- Agra pending before the Court of Additional Chief Judicial Magistrate, Court No.8, Agraad, during the pendency of the instant application u/s 482 of Cr.P.C. before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the 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 thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A.

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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 of 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 alongwith 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 :- 11.11.2024 Arshad

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

Govind Yadav v. State of U.P. and Another

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Govind Yadav v. State of U.P. and Another

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