Darab Singh @ Tinku vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:1266

Court No. - 71

Case :- APPLICATION U/S 482 No. - 34189 of 2024

Applicant :- Darab Singh @ Tinku Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Ms. Anita Singh, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant-Darab Singh @ Tinku, 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 the impugned summoning order dated 30.7.2024 passed by the Ld A. S. J./ Spl. Judge (Pocso act) court no. 27 Agra against applicant as well as entire proceeding of Session case no. 1461 of 2024, State Vs. Bholu @ Satya prakash and another, U/s- 384 I.P.C., and U/s- 67A of I. T. act against applicant, arising out of case crime no. 590 of 2022, U/s- 328, 376, 384, 504 and 506 I.P.C. And U / s - 3/4 of pocso Act and U / s - 67A 1. T. act, P/sTajganj, District- Agra pending before Ld A. S. J./ Spl. Judge ( Pocso act) court no. 27 Agra.

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It is, further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding in pursuance of the summoning order dated 30.7.2024 passed by the Ld A. S. J./ Spl. Judge (Pocso act) court no. 27 Agra against applicant as well as entire proceeding of Session case no. 1461 of 2024, State Vs. Bholu @ Satya prakash and another, U/s-384 I.P.C., and U / S - 67A of I. T. act against applicant, arising out of case crime no. 590 of 2022, U/s- 328, 376, 384, 504 and 506 I.P.C. And U / s - 3/4 of pocso Act and U / S - 67A I. T. act, P / S - Tajganj, DistrictAgra pending before Ld A. S. J./ Spl. Judge ( Pocso act) court no. 27 Agra.

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And/or to pass such other appropriate order which may this Hon'ble court may deem fit and proper of this case. So the justice may be done with applicant."

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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.

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

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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.

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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.

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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 :- 3.1.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Darab Singh @ Tinku v. State of U.P. and 3 Others

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Darab Singh @ Tinku v. State of U.P. and 3 Others

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