Ankit Patel Urf Ankit Kumar Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ankit Patel Urf Ankit Kumar Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally with direction to file a discharge application under Section 227 Cr.P.C. within two weeks with a certified copy of this order; court below to decide it by a reasoned and speaking order within two months thereafter (provided there is no other legal impediment); court below not to proceed further with the matter till disposal of the discharge application.

Issue for consideration

Whether the entire criminal proceeding of Case No.4607 of 2024 (State Vs. Ankit Kumar Singh) and the cognizance order dated 05.04.2024 (charge sheet no. A330/2023, Sections 376(2)(h), 506 I.P.C., P.S. Robertsganj, District Sonbhadra) pending before the Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra should be quashed and/or stayed under Section 482 Cr.P.C. +1 more

Court's answer

The application is disposed of finally with a direction to the applicant to approach the court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in the above-mentioned criminal case.

Ratio / Principle

No useful purpose would be served in keeping the Section 482 application pending, as the grounds raised in support of it can be examined meticulously by the court below at the time of deciding the discharge application, the court below having the advantage of the original record.

Key takeaways

The direction operates upon the discharge application being filed by the applicant within two weeks from today along with a certified copy of this order.ratio¶15
On such filing, the court below shall decide the discharge application by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment.ratio¶15
Until the discharge application is disposed of as directed, the court below shall not proceed further with the matter.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajeev Misra, J.; Order Date 6.1.2025) disposed of an application under Section 482 Cr.P.C. (Application U/S 482 No. 32261 of 2024) by the accused in Case No.4607 of 2024 (State Vs. Ankit Kumar Singh) - arising from charge sheet no. A330/2023 under Sections 376(2)(h), 506 I.P.C., P.S. Robertsganj, District Sonbhadra - which sought quashing of the entire criminal proceeding and the cognizance order dated 05.04.2024 pending before the Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra. Accepting the learned A.G.A.'s objection that the statutory remedy under Section 227 Cr.P.C. remained unavailed and that the court below, with the advantage of the original record, could examine the grounds threadbare at the first instance, the Court held that no useful purpose would be served in keeping the application pending and disposed of it finally, directing the applicant to file a discharge application under Section 227 Cr.P.C. within two weeks with a certified copy of the order, to be decided by a reasoned and speaking order within two months thereafter (subject to no other legal impediment), with the court below not to proceed further with the matter till then.

Neutral Citation No. - 2025:AHC:6000

Court No. - 71

Case :- APPLICATION U/S 482 No. - 32261 of 2024

Applicant :- Ankit Patel Urf Ankit Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Rajesh Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

Applicant-Ankit Patel Urf Ankit Kumar Singh has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Case No.4607 of 2024 (State Vs. Ankit Kumar Singh) as well as Cognizance order dated 05.04.2024 having charge sheet no. A330/2023, under Section 376(2)(h), 506 I.P.C., Police Station Robertsganj, District Sonbhadra pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, during the pendency of the present criminal misc. Application, otherwise the applicant shall suffer irreparable loss and injury.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceeding of Case No.4607/2024 (State Vs. Ankit Kumar Singh) as well as Cognizance order dated 05.04.2024 having charge sheet no. A330/2023, under Section 376(2)(h), 506 I.P.C., Police Station Robertsganj, District Sonbhadra pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, during the pendency of the present criminal misc. Application, otherwise the applicant shall suffer irreparable loss and injury."

At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 482 Cr.P.C. without availing 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 threadbare 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.

When confronted with above, the learned counsel for applicant could not overcome the same.

Having heard the learned counsel for applicant, 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 applicant 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.

Accordingly this application is disposed off finally with a direction to the applicant to approach Court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today along with 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.

It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further with the matter.

Order Date :- 6.1.2025 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad