Disposed

Abdullah and Another v. State of Up and Another

Allahabad HC27 Aug 2024A482/8707/2024

Case brief

AI extract

What is this about?

Charge-sheeted accused sought quashing of criminal proceedings via a Section 482 CrPC application without first filing a discharge application. The High Court directed them to file a Section 239 discharge application within two weeks, with interim suspension of proceedings.

What did the court decide?

Direction to file Section 239 CrPC discharge application; proceedings stayed pending its decision

Abdullah and Another vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:136805

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 8707 of 2024

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Applicant :- Abdullah And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Shahzad Alam, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Charge sheeted accused Abdullah and Ashif 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 application and quash the proceedings as well as charge sheet dated 14.03.2022 alongwith cognizance order dated 15.06.2022 in Criminal Case no. 4494 of 2022 (State Vs. Abdullah and another) arising out of Case Crime No. 60 of 2022 under Section 323, 504, 506 I.P.C. Police Station Gambhirpur, District-Azamgarh, pending before the court of Learned Judicial Magistrate, Azamgarh, in the interest of justice.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case no. 4494 of 2022 (State Vs. Abdullah and another) arising out of Case Crime No. 60 of 2022 under Section 323, 504, 506 I.P.C. Police Station Gambhirpur, DistrictAzamgarh, pending before the court of Learned Judicial Magistrate, Azamgarh, during pendency of the present application before this Hon'ble Court.

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And/or may pass such other and further orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury."

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At the very outset, the learned A.G.A. submits that applicants have remedy under Section 239 Cr.P.C. by moving a discharge application before court below. However, the applicants have rushed to this Court without seeking aforesaid remedy before court below. In view of above, this application is liable to be dismissed by directing the applicants to move a discharge application before court below seeking their discharge in the pending criminal case.

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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 senior 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, as the grounds raised by the learned counsel for applicant in support of this application can very well be examined by court below thread bare at the time of deciding the discharge application as court below has the advantage of having the entire record.

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Accordingly this application is disposed of finally with a direction to the applicants to approach court below by filing a discharge application in terms of Section 239 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 alongwith a certified copy of this order, the court below shall decide the same by a reasoned and speaking order within a period of two months thereafter.

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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 :- 27.8.2024 YK

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

Abdullah and Another v. State of Up and Another

Case brief

What is this about?

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Abdullah and Another v. State of Up and Another

Case brief

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