Two applications under Section 482 CrPC were listed. The Additional Government Advocate argued the petitions were not maintainable as the discharge application challenge is a matter for Section 397 CrPC. The court granted liberty to seek adjournment at the trial court and listed matters for submissions.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 6252 of 2024
Applicant :- Arif Anwar Hashmi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rajeiu Kumar Tripathi Counsel for Opposite Party :- G.A.
with
Case :- APPLICATION U/S 482 No. - 3995 of 2021
Applicant :- Arif Anwar Hashmi Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Rajeiu Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
These are two petitions arising out of Case Crime No.461 of 2020, under Sections 419, 420, 467, 468, 471 IPC and Sections 3/4 of Prevention of Damages to Public Property Act, P.S. Utraula, District Balrampur.
Learned A.G.A. has raised preliminary objection that initially, the applicant filed an Application U/S 482 No.3995 of 2021 in which summoning orders were challenged along with other prayers however, no orders were passed in that petition and the same is pending.
In the meantime, the discharge application filed by the applicant has also been rejected by the trial court. Assailing the rejection of discharge application, he has filed another petition bearing Application U/S 482 No.6252 of 2024 which is not maintainable in view of the expressed provisions of Section 397 Cr.P.C. as in this case, the applicant is aggrieved only against the rejection of his discharge and this illegality in passing the discharge order can very well be challenged by the statutory remedy available under Section 397 Cr.P.C. therefore, the petition under Section 482 will not be maintainable.
Learned A.G.A. prays for and is granted ten days' time to submit case laws in support of his argument.
Learned counsel for the petitioner has opposed this contention and has submitted that the petition is pending since July, 2024. Today the matter was fixed as the date in the trial was fixed on
25.07.2024. He submits that in case the charges are framed, he will have to again challenge the charge framing order.
In view of above, the applicant is at liberty to seek adjournment before the learned trial court on 25.07.2024.
List these cases on 06.08.2024.
On the next date, parties shall provide written submissions.
Order Date :- 24.7.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner is maintainable since he is aggrieved against the rejection of his discharge application, which is challengeable under Section 397 Cr.P.C.
Arif Anwar Hashmi
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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