Disposed

Pappu Ram and 6 Others v. State of Up and Another

Allahabad HC12 Nov 2024A482/38143/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court held that the applicants had failed to exhaust the statutory remedy under Section 245(2) Cr.P.C. The court disposed of the application without reaching the merits, directing the applicants to file for discharge before the court below.

What did the court decide?

Application disposed off; directed applicants to file discharge application before court below within two weeks.

Pappu Ram and 6 Others vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:177083

¶2

Court No. - 72

¶3

Case :- APPLICATION U/S 482 No. - 38143 of 2024

¶4

Applicant :- Pappu Ram And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Sudarshan Singh, the learned counsel for applicants and the learned A.G.A. for State.

¶7

Perused the record.

¶8

Applicants-Pappu Ram And 6 Others, who have been summoned by Court below have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

¶9

"It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Order dated 1.10.2024 passed by Special Judge (S.C./S.T.) Act Chandauli in Criminal Revision No.06 of 2020 (Pappu Ram Vs. State of U.P.) as well as Summoning Order dated 13.1.2020 passed by Judicial Magistrate, Chakia, Chandauli, both arising out from Complaint Case No.1885 of 2019 (Mamta Vs. Pappu Ram) U/S 494, 323, 506, 109 I.P.C., P.S. Chakia, District Chandauli, pending in the court of Judicial Magistrate, Chakia, Chandauli.

¶10

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Complaint Case No.1885 of 2019 (Mamta Vs. PappuRam) U/S 494, 323, 506, 109 I.P.C., P.S. Chakia, District Chandauli, pending in the court of Judicial Magistrate, Chakia, Chandauli, during pendency of present case, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

¶11

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

¶12

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.

¶13

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

¶14

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.

¶15

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.

¶16

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

¶17

Order Date :- 12.11.2024 Imtiyaz

¶18

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Pappu Ram and 6 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Pappu Ram and 6 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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

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