Raju Chaubey Alias Sunil Chaubey Alias Sunil Kumar and Another vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:590

Court No. - 71

Case :- APPLICATION U/S 482 No. - 30379 of 2024

Applicant :- Raju Chaubey Alias Sunil Chaubey Alias Sunil Kumar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Giri,Surendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ajay Kumar Giri, Mr. Devesh Kumar Shukla, the learned counsel for applicants and the learned A.G.A. for Stateopposite party-1.

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Perused the record.

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Applicants- Raju Chaubey Alias Sunil Chaubey Alias Sunil Kumar And Another, who are charge sheeted accused have 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 allow the present application and quash the impugned charge sheet dated 24.3.2024 and cognizance dated 28.3.2024 prayed to quash the impugned charge sheet dated 24.3.2024 and cognizance dated 28.3.2024 as well as the entire proceeding of Case No. 399 of 2024 (Ste Vs. Raju Chaubey and others) arising out of Case Crime No.14 of 2024 under section 376DA I.P.C. , section 5G/6 the Protection of Children from Sexual Offences Act, and section 3(2) (v) SC/ST Act, Police StationDubhar, District Ballia, pending in the court of Additional Session Judge, Court No. 8/ Special Judge POCSO Act, Ballia.

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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. 399 of 2024 (Ste Vs. Raju Chaubey and others) arising out of Case Crime No.14 of 2024 under section 376DA I. P.C., section 5G/6 the Protection of Children from Sexual Offences Act, and section 3(2) (v) SC/ST Act, Police Station- Dubhar, District Ballia, pending in the court of Additional Session Judge, Court No. 8/ Special Judge POCSO Act, Ballia, during the pendency of present case before this Hon'ble Court, Otherwise the Applicants shall suffer irreparable loss and injury.

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And /or pass such other or further order at this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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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 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 :- 2.1.2025 Arshad

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

Raju Chaubey Alias Sunil Chaubey Alias Sunil Kumar and Another v. State of U.P. and 3 Others

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Raju Chaubey Alias Sunil Chaubey Alias Sunil Kumar and Another v. State of U.P. and 3 Others

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