Disposed

Jagdeesh Sharma v. State of U.P. and Another

Allahabad HC19 Jul 2024CRLA/4869/2024

Case brief

AI extract

What is this about?

Criminal appeal seeking quashing of a summoning order in an SC/ST Act complaint. The court did not enter merits, permitted the appellant to file a discharge application before the trial court, and directed that he need not appear personally till its disposal.

What did the court decide?

Liberty to file discharge application; exemption from personal appearance until its disposal.

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

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Neutral Citation No. - 2024:AHC:163173

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 4869 of 2024

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Appellant :- Jagdeesh Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Vishal Mohan Gupta Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for appellant and learned AGA for the State. Despite service of notice, no one appeared on behalf of respondent no.2 even in the revised call.

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The instant appeal has been preferred with a prayer to quash/stay the entire proceedings of criminal complaint no. 130 of 2022 under sections 420, 467, 468, 506, 364 IPC & 3(2)(v) of SC/ST Act, 1989, PS-Bisrakh, District Gautam Budh Nagar as well as summoning order dated 31.10.2022 pending before learned Special Judge (SC/ST Act), District Court Gautam Budh Nagar.

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Learned counsel for appellant submitted that appellant has falsely been implicated in the present case by the informant on the basis of false and concocted story and therefore, the allegations made against appellant are not tenable. Appellant has not committed any offence nor given any threat to complainant. Learned trial court concerned without considering the grounds raised by appellant illegally passed the summoning order dated 31.10.2022.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that there is no illegality in the order impugned.

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Be that as it may, since the appellant is having liberty to prefer discharge application before the learned court concerned taking all pleas and grounds, which are available to him, therefore, he should approach the learned court concerned by way of filing discharge application.

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Accordingly, without entering into the merits of the issue, the present appeal is disposed of finally permitting the appellant to prefer discharge application before the learned court concerned

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through counsel at appropriated stage taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by appellant before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously.

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Till the disposal of such discharge application, appellant shall not be compelled to appear in person pursuant to the aforesaid criminal case. However, it is made clear that if the present appellant does not file any discharge application at appropriate stage, the benefit of this order shall not be extended to him.

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Order Date :- 4.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Jagdeesh Sharma v. State of U.P. and Another

Case brief

What is this about?

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Jagdeesh Sharma v. State of U.P. and Another

Case brief

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What did the court decide?

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