Disposed

Aashish Kumar and Another v. State of U.P. and Another

Allahabad HC28 Nov 2024A482/38308/2024

Case brief

AI extract

What is this about?

This High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The Court held that the statutory remedy under Section 245(2) Cr.P.C. for discharge was not availed. It disposed of the application and directed the applicants to file a discharge application in the lower court.

What did the court decide?

Application disposed off; applicants directed to file discharge application under Section 245(2) Cr.P.C. in the lower court within two weeks.

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

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Neutral Citation No. - 2024:AHC:187376

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 38308 of 2024

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Applicant :- Aashish Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Vipin Kumar, 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-Aashish Kumar and Rajendra Tomar, 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:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application under Section 482 of Cr.P.C. and quash the entire criminal proceeding of Complaint Case No. 41 of 2024 titled Deshpal Panwar Vs. Aashish and another as well as summoning order dated 22.08.2024 passed by Judicial Magistrate First Class, District Baghpat, whereby the applicants have been summoned to face the trial for the offences punishable under Sections 406, 506 of I.P.C.

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It is, further prayed that this Hon'ble Court may graciously be pleased to stay further proceeding of Complaint Case No. 41 of 2024 titled Deshpal Panwar Vs Aashish and another, against the Applicants, pending in the Court of Judicial Magistrate First Class, District- Baghpat 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, during the pendency of present criminal misc. application otherwise the applicants will suffer irreparable lose and injury."

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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 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.

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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 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.

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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 :- 28.11.2024 Vinay

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

Aashish Kumar and Another v. State of U.P. and Another

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Aashish Kumar and Another v. State of U.P. and Another

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