Disposed

Pankaj v. State of Up and Another

Allahabad HC21 Aug 2024A482/5500/2024

Case brief

AI extract

What is this about?

Appeal under Section 482 Cr.P.C. to quash charge sheet for alleged offence under Section 306 IPC. Court rejected substantive quashing, directed applicant to file discharge application under Section 227 Cr.P.C. in lower court, and stayed further trial proceedings pending disposal.

What did the court decide?

Application disposed; direction to file discharge application under Section 227 Cr.P.C. in lower court within two weeks; stay on trial proceedings pending discharge decision.

Pankaj vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 5500 of 2024

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Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ardhendu Shekhar Sharma,Ram Babu Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. R.B. Sharma, the learned counsel for applicant and the learned A.G.A. for State.

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Charge sheeted accused-applicant Pankaj 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 be pleased to quash the charge sheet No.797/2023 dated 12.11.2023 filed in Case Crime No. 694 of 2023 under section 306 IPC Police Station Khurja Nagar, District Bulandshahar as well as order dated 12.12.2023 whereby the Chief Judicial Magistrate, Bulandshahar took the cognizance on the charge sheet and summoned the applicant from jail so far as it relates to the applicant

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It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings of Session Trial No. 26/24( State Vs Surendra and another) pending in the Court of the Sessions Judge, Bulandshahar arising out of the Case Crime No. 694 of 2023 under section 306 IPC Police Station Khurja Nagar, District Bulandshahar during pendency of present Criminal Misc. Application so far as it relates to the applicants and/or pass such other and further orders which this Hon'ble Court may deem fit and proper in the circumstances of the case."

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Learned counsel for applicant contends that as per the papers accompanying the police report submitted in terms of section 173(2) Cr.P.C. no offence under section 306 IPC is made out against applicant. It is further submitted that there is no such credible evidence in the papers accompanying police report, from which even an inference regarding guilt of applicant can be drawn. He, therefore contends that impugned charge sheet as well as consequential proceedings upon submission of impugned charge sheet are manifestly illegal. Placing reliance upon judgement of Supreme Court in R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, it is urged that in view of above, entire proceeding are liable to be quashed by this Court.

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Per contra, the learned A.G.A. has opposed this application. He submits that in view of the submissions urged by learned counsel for applicant, remedy lies to applicant to seek discharge. The grounds pleaded in support of the application and the submissions made by learned counsel for applicant regarding innocence of accused-applicant can be examined by Court below thread bare in the light of the papers accompanying the police report as Court below has the advantage of having the entire material before it. As such, no interference is warranted by this Court.

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

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Having heard the learned counsel for applicant, 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.

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In view of above, this application is disposed of finally with a direction to applicants to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C. within a period of two weeks from today along with a certified copy of this order. In case such a discharge application is filed, within aforesaid period, court below shall decide the same by a reasoned and speaking order in the light of observations made in Sanjay Kumar Rai Vs. State of Uttar Pradesh and Another (2022) 15 SCC 720 within a period of two months thereafter.

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It goes without saying that Court below shall proceed against applicant only after disposal of the discharge application.

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Order Date :- 21.8.2024 Arshad

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

Pankaj v. State of Up and Another

Case brief

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Pankaj v. State of Up and Another

Case brief

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