Arman v. State of U.P. and 3 Others
Case brief
What is this about?
Allahabad High Court; Neutral Citation 2025:AHC:15689; Application U/S 482 No. 2437 of 2025; Rajeev Misra, J.; Section 482 Cr.P.C. inherent power; Section 239 Cr.P.C. discharge application as statutory remedy; quashing of charge-sheet and cognizance/summoning order; Charge-sheet No. 72 of 2024 dated 22.4.2024; summoning order dated 25.11.2024; Case No. 4577 of 2024 (State Vs. Arman); Case Crime No. 30 of 2024; Sections 376, 506 IPC; Sections 3/4 POCSO Act; P.S. Nawabganj, District Farrukhabad; Special Judge POCSO Act; alternate/remedy-first doctrine; direction to file discharge application within two weeks; decision within two months by reasoned and speaking order; interim stay of trial proceedings; disposed on 4.2.2025.
What did the court decide?
Application under Section 482 Cr.P.C. disposed of finally without quashing the charge-sheet or summoning order; applicant directed to file a discharge application under Section 239 Cr.P.C. within two weeks with a certified copy of the order; court below to decide it by a reasoned and speaking order within two months, provided there is no other legal impediment; proceedings before the court below to remain suspended till disposal of the discharge application.