Dismissed

Amzad and 10 Others v. State of Up and Another

Allahabad HC14 Nov 2024A482/38636/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court held that no useful purpose would be served by quashing the proceedings at this stage. The court directed the applicants to approach the Court below by filing a discharge application under Section 245(2) Cr.P.C.

What did the court decide?

Application disposed of; applicants directed to file discharge application under Section 245(2) Cr.P.C. in Court below.

Amzad and 10 Others vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:179416

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 38636 of 2024

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Applicant :- Amzad And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Mohd Faiz, 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-Amzad And 10 Others, who are charge sheeted accused, 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 this application and quash entire proceeding of Complaint Case No. 2785 of 2021 (Smt. Daftariya Versus Amzad and others) under sections 147, 323, 506, 452 of I.P.C., Police Station Bhojipura, District Bareilly, as well as summoning order dated 13.12.2022, pending in the court of learned Additional Civil Judge (Senior Division)-Ist, Bareilly, otherwise the applicants shall suffer irreparable loss and injury.

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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. 2785 of 2021 (Smt. Daftariya Versus Amzad and others) under sections 147, 323, 506, 452 of I.P.C., Police Station Bhojipura, District Bareilly, pending in the court of learned Additional Civil Judge (Senior Division)-Ist, Bareilly, during the pendency of present Application before this Hon'ble Court.

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And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

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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

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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.

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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 :- 14.11.2024 Imtiyaz

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

Amzad and 10 Others v. State of Up and Another

Case brief

What is this about?

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Amzad and 10 Others v. State of Up and Another

Case brief

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