Disposed

Kasim v. State of U.P. and Another

Allahabad HC4 Feb 2025A482/2418/2025

Case brief

AI extract

What is this about?

A charge-sheeted accused sought quashing of a charge sheet and cognizance order in a case involving IPC and anti-conversion offences. The High Court declined to interfere since the Section 227 Cr.P.C. discharge remedy was unexhausted, directing the accused to file a discharge application below, to be decided within two months, with proceedings stayed meanwhile.

What did the court decide?

Applicant directed to file Section 227 Cr.P.C. discharge application within two weeks; court below to decide it within two months by speaking order; proceedings stayed till then.

Kasim vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:15496

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 2418 of 2025

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Applicant :- Kasim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Gaurav Srivastav, 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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Applicant- Kasim, who is charge sheeted accused has 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 quash Charge Sheet dated 03.08.2024 as well as cognizance order dated 13.08.2024 and the entire proceedings of Case No. 16256 of 2024 (State VS. Kasim Khan and others) u/s 328, 376, 323, 504, 506 IPC and Section 3/5 (1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Jagdishpura, District Agra, arising out of Case Crime No. 351 of 2024 pending before Additional Chief Judicial Magistrate, Court No. 01, Agra.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 16256 of 2024 (State VS. Kasim Khan and others) u/s 328, 376, 323, 504, 506 IPC and Section 3/5 (1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Jagdishpura, District Agra, arising out of Case Crime No. 351 of 2024 pending before Additional Chief Judicial Magistrate, Court No. 01, Agra during the pendency of the present Criminal Misc. Application, otherwise the applicant shall suffer an irreparable loss and injury.

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And/or to pass such other and further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, so that justice be done."

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At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the statutory remedy available under Section 227 Cr.P.C. Learned A.G.A. further submits that

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court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 482 Cr.P.C.

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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 counsel for applicants, 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 applicants in support of this application can very well be examined by court below meticulously at the time of deciding the discharge application as court below has the advantage of having the original 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 227 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 proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment.

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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 :- 4.2.2025 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Kasim v. State of U.P. and Another

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Kasim v. State of U.P. and Another

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