Raunak Singh vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Raunak Singh vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally (quashing prayer not adjudicated); applicant directed to file a Section 227 Cr.P.C. discharge application before the Court below, with a certified copy of the order, within two weeks; Court below to decide it by a reasoned and speaking order within two months; no further action against applicant till disposal of the discharge application.

Issue for consideration

Raised through the applicant's prayer clause: whether the pending proceedings of Session Trial No. 1276 of 2023 (arising out of Case Crime No. 39 of 2023, charges under Sections 328, 376D, 323, 504, 506, 420 I.P.C., Police Station Collectorganj, District Kanpur Nagar) and the cognizance order dated 29.08.2023 should be quashed and the proceedings stayed under Section 482 Cr.P.C.

Court's answer

Upon hearing the applicant's counsel and the learned A.G.A. and perusing the record, this Court found that no useful purpose would be served in keeping the Section 482 Cr.P.C. application pending.

Ratio / Principle

The application was disposed of finally with directions to the applicant to approach the Court below by moving a discharge application in terms of Section 227 Cr.P.C., along with a certified copy of this order, within a period of two weeks.

Key takeaways

In case such a discharge application is filed, the Court below shall decide the same by a reasoned and speaking order within a period of two months thereafter.ratio¶15
Interim protection ordered: till the disposal of the discharge application, no further action shall be taken by the Court below against the applicant.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rajeev Misra, J.), Neutral Citation 2025:AHC:696, Order Date 2.1.2025: A Section 482 Cr.P.C. application by Raunak Singh, a charge-sheeted accused, seeking quashing of the pending proceedings of Session Trial No. 1276 of 2023 (State versus Raunak Singh & others, arising out of Case Crime No. 39 of 2023, Police Station Collectorganj, District Kanpur Nagar; charges under Sections 328, 376D, 323, 504, 506, 420 I.P.C.) and of the cognizance order dated 29.08.2023 passed on charge sheet No. 30 of 2023 dated 24.06.2023, pending before Additional District Judge Court No. 12, Kanpur Nagar, was disposed of finally without adjudication. At the outset the applicant's counsel conceded that justice would be served by approaching the Court below through a Section 227 Cr.P.C. discharge application, to which the learned A.G.A. did not oppose. Finding no useful purpose in keeping the application pending, the Court directed the applicant to file the discharge application, with a certified copy of the order, within two weeks, to be decided by a reasoned and speaking order within two months thereafter, and ordered that no further action be taken against the applicant till disposal of the discharge application.

Neutral Citation No. - 2025:AHC:696

Court No. - 71

Case :- APPLICATION U/S 482 No. - 33521 of 2024

Applicant :- Raunak Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Mishra,Sanjay Mishra Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Abhishek Kumar Mishra, the learned counsel for applicant and the learned A.G.A. for State.

2. Perused the record.

Applicant-Raunak Singh who is a charge sheeted accused 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 be pleased to allow this application and quash the proceedings of Session Trail No. 1276 of 2023, (State Versus Raunak Singh & others) arising out of Case Crime No. 39 of 2023 U/s 328, 376D, 323, 504, 506 420 I.P.C, of Police Station Collectorganj, District- Kanpur Nagar, as well as cognizance order dated 29.08.2023 in charge sheet No. 30 of 2023 dated 24.06.2023 pending in the court of Additional District Judge Court No. 12, Kanpur Nagar.

It is further pleased to stay the entire proceeding of Session Trail No. 1276 of 2023, (State Versus Raunak Singh & others) arising out of Case Crime No. 39 of 2023 under section 328, 376D, 323, 504, 506 & 420 I.P.C, of Police Station-Collectorganj, District-Kanpur Nagar, as well as cognizance order dated 29.08.2023 in charge sheet No. 30 of 2023 dated 24.06.2023 pending in the court of Additional District Judge Court No. 12, Kanpur Nagar and/or be pleased to pass such other and further orders, which this Hon'ble Court may deem fit and proper under the circumstances of the case. Otherwise the Applicant would suffer irreparable loss."

At the very outset, the learned counsel for applicant fairly submits that in view of the nature of grounds raised in support of this application, interest of justice shall be served, in case, liberty is granted to the applicant to approach Court below itself by moving discharge application in terms of Section 227 Cr.P.C.

Per contra the learned A.G.A. for State-opposite party-1 does not oppose the equitable submission urged by the learned counsel for applicant.

Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1, upon perusal of record and considering the nature of relief prayed for by means of this

application, this Court finds that no useful purpose shall be served in keeping this application pending.

Accordingly, this application is disposed of finally with a direction to applicant to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C. along with a certified copy of this order within a period of two weeks from today. In case, such a discharge application is filed by applicant, Court below shall decide the same by a reasoned and speaking order within a period of two months thereafter.

It goes without saying that till the disposal of discharge application, no further action shall be taken by Court below against applicant.

Order Date :- 2.1.2025 Shiv

Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad