Disposed

Jamaluddin and 3 Others v. State of U.P. and Another

Allahabad HC12 Nov 2024A482/38111/2024

Download

What the court decided

AI extract

Outcome

Disposed

Jamaluddin and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 72

¶2

Case :- APPLICATION U/S 482 No. - 38111 of 2024

¶3

Applicant :- Jamaluddin And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajeev Misra,J.

¶5

Heard Mr. Mithilesh Kumar Shukla, the learned counsel for applicants and the learned A.G.A. for State.

¶6

Perused the record.

¶7

Applicants-Jamaluddin and 3 Others, who have been summoned by Court below, have approached this Court by means of present application under Section 482 Cr.P.C. challenging the Summoning Order dated 09.09.2024 passed by Additional Civil Judge (J.D.), Court No.-3, Kanpur Nagar in Complaint Case No. 18589 of 2022 (Shakeela Begum Vs. Jamaluddin and Others), under Sections 498-A, 323, 504, 506 IPC, Police Station-Colonelganj, DistrictKanpur Nagar as well as the entire proceedings of aforementioned complaint case.

¶8

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 245(2) 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.

¶9

When confronted with above, the learned counsel for applicants could not overcome the same.

¶10

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

¶11

original record.

¶12

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 245(2) 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.

¶13

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

¶14

Order Date :- 12.11.2024 Vinay

¶15

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

Jamaluddin and 3 Others v. State of U.P. and Another

What the court decided

Jamaluddin and 3 Others v. State of U.P. and Another

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind Yadav vs State of U.P. and Another

Ram Kumar Giri vs State of Up and 2 Others

Mohammad Asgar @ Sayyed Mohammad Asghar vs State of U.P. and Another

Chandra Shekhar and Another vs State of U.P. and Another

Mohd Haroon vs State of Up

Pappu Ram and 6 Others vs State of Up and Another