Disposed

Virendra Singh v. State of U.P. and Another

Allahabad HC21 Aug 2024CRLA/5994/2024

Case brief

AI extract

What is this about?

In a criminal appeal seeking quashing of charge sheet and cognizance under IPC and SC/ST Act, the Court held that the appellant has the liberty to file a discharge application in the trial court. Consequently, the appeal was disposed of without delving into merits, directing the appellant to approach the learned Special Judge with a discharge application and enclose relevant documents.

What did the court decide?

Proceedings in this appeal disposed of; appellant permitted to prefer discharge application before the learned Special Judge.

Virendra Singh vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:163179

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5994 of 2024

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Appellant :- Virendra Singh Respondent :- State of U.P. and Another Counsel for Appellant :- P.K. Singh,Vijay Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri P.K.Singh along with Sri Vijay Kumar Mishra, 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 the charge sheet no. 220 of 2023 dated 09.09.2023 as well as cognizance order dated 03.02.2024 passed by learned Special Judge, SC/ST Act, Agra in S.T. no. 251 of 2024 (State vs. Virendra Singh) arising out of Case Crime no. 0305 of 2023 under sections 323, 376, 504, 506 IPC and Section 3(1)(r)(s) and 3(2)(v) of SC/ST Act, Police Station New Agra, District Agra.

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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. No offence under the SC/ST Act is made out as the abusing words has been introduced deliberately to make out the case and the incident has not taken place in public view. Learned counsel for appellant further submitted that without collecting any material evidence, the concerned Investigating Officer submitted chargesheet mechanically whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order impugned over the chargesheet submitted by the concerned Investigation Officer in the present case and as such, the same may be quashed.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the appeal and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as

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such, 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 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

Virendra Singh v. State of U.P. and Another

Case brief

What is this about?

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Virendra Singh v. State of U.P. and Another

Case brief

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