This Court held that no useful purpose is served in taxing an application under Section 482 Cr.P.C. without first seeking a discharge under Section 227 Cr.P.C. as the Court below has the original record. The applicant was directed to file a Section 227 application within two weeks.
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Neutral Citation No. - 2025:AHC:4085
Court No. - 71
Case :- APPLICATION U/S 482 No. - 354 of 2025
Applicant :- Shubham Mukharjee Opposite Party :- State of U.P. Counsel for Applicant :- Abhijeet Mukherji Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that during the pendency of the present application, this Hon'ble Court may be pleased to stay the effect and operation of the impugned Cognizance Order dated 26.09.2024 passed by learned CJM-III Varanasi in S.T. No. 945 of 2024 (State Vs. Subham Mukharjee) under Section 376 (2) (n), 506 IPC, arising out of Case Crime No. 0310 of 2024, under Sections 376 (2) (n), 506 of IPC, Police Station Lanka District Kashi (Commissionerate Varanasi) as well as entire proceedings pending before the court of Additional District Judge/FTC-I, Varanasi.
Further this Hon'ble Court may graciously be pleased to set aside the Impugned Cognizance Order dated 26.09.2024 passed by learned CJMIII Varanasi in S.T. No. 945 of 2024 (State Vs. Subham Mukharjee) under Section 376 (2) (n), 506 IPC, arising out of Case Crime No. 0310 of 2024, under Sections 376 (2) (n), 506 of IPC, Police Station Lanka District Kashi (Commissionerate Varanasi) as well as entire proceedings pending before the court of Additional District Judge/FTC-I, Varanasi.
And/or to pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case."
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.
Order Date :- 8.1.2025 HSM
Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad
3 issues framed by the court
Whether this Court should entertain the application under Section 482 Cr.P.C. for staying cognizance in the absence of availing Section 227 Cr.P.C. remedy.
Whether the learned Court below itself possesses original record and advantage to examine grounds of discharge.
Whether it will serve any useful purpose to keep the present application pending before this Court.
4 provisions across 2 enactments
Shubham Mukharjee
State of U.P.
H. Shanker Mishra
As recorded by the court registry
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