The applicant filed a petition under Section 482 Cr.P.C. seeking quashing of a discharge rejection order. The court observed the lack of effective hearing and the applicant's lack of interest, declining to exercise inherent powers. The application was dismissed.
None.
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
APPLICATION U/S 482 No. - 119 of 2020
Saurabh Srivastava And Ors.
.....Applicant(s)
| Versus | |
|---|---|
| State Of U.P. And Anr. | .....Opposite |
| specific proceeding. | |
| Counsel for Applicant(s) | : Shobh Nath Pandey |
| Counsel for Opposite Party(s) | : G.A., Saurabh Chandra |
.....Opposite Party(s)
Court No. - 29
HON'BLE MANOJ BAJAJ, J.
Applicants-accused have filed this petition under Section 482 Code of criminal Procedure, quashing of the order dated 08.11.2019 passed by Additional Chief Judicial Magistrate, Faizabad in Case No.2005 of 2019, arising out of Case Crime No.460 of 2018, under Sections 147, 148, 149, 323, 504, 506, 307, 395, 498-A, 342 I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Kotwali Nagar, district Faizabad, who are aggrieved against the order dated 16.12.2019 passed by revisonal court, whereby the order dated 08.11.2019, dismissing their discharge application has been upheld.
No one has appeared on behalf of the applicants. Learned A.G.A. is present.
A perusal of the case file would reveal that the application was filed in January, 2020 and learned counsel for the complainant had appeared on advance notice, and, thereafter, the case has been adjourned on various occasions without any effective hearing. There is no interim stay order in respect of the trial proceedings, which must have progressed with the passage of time.
Further a reading of the grounds pleaded in the application, this Court finds that even the applicant no.2 has lodged a case against the opposite party no.2 and others bearing Case No.458 of 2018, under Sections 147, 148, 452, 323, 354Kha, 506, 395 I.P.C. That apart the other cases filed by the opposite party no.2 seeking maintenance under Section 125 Cr.P.C., and a complaint under Section 12 Domestic Violence Act, 2005 are also stated to be pending. The above background would show that the nature of allegations made in the F.I.R. would require evidence and at this stage, it can not be said that no prima facie case against the applicants would be made out. Most importantly, the applicants have not shown any interest in pressing the prayer made in this application, therefore, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C.
A482 No. 119 of 2020
2
The application is dismissed. December 3, 2025 R./
(Manoj Bajaj,J.)
Digitally signed by :- RAJEEV KUMAR SACHDEVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the inherent powers under Section 482 Cr.P.C. should be exercised to quash the discharge order and trial proceedings.
1 provisions across 1 enactments
Saurabh Srivastava And Ors.
Manoj Bajaj
As recorded by the court registry
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