Disposed

Rohit Mishra v. State of U.P. and Another

Allahabad HC9 Jan 2025A482/36301/2024

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application filed by a charge-sheeted accused seeking quashment of criminal proceedings. Holding that the court below has the original record, the Apex Court directed the applicant to file a discharge application under Section 227 Cr.P.C. instead.

What did the court decide?

Application disposed of; Applicant directed to file a discharge application under Section 227 Cr.P.C. within two weeks; Court below directed to decide it within two months.

Rohit Mishra vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2025)

¶1

Court No. - 71

¶2

Case :- APPLICATION U/S 482 No. - 36301 of 2024

¶3

Applicant :- Rohit Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh Patel,Ashutosh Kumar Singh

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Ashutosh Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

¶7

Perused the record.

¶8

Applicant- Rohit Mishra, who is charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

¶9

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding in Case No. 13517 of 2024 (State Versus Rohit Mishra) under section- 376, 504, 506 IPC Police Station-Khakhareru, District- Fatehpur as well as impugned Charge-Sheet Dated 11.04.2024 (State Versus Rohit Mishra) under section- 376, 504, 506 IPC Police Station- Khakhareru, District- Fatehpur as well as impugned Cognizance and Summoning Order Dated 18.07.2024 passed in Case No. 13517 of 2024 arising out of case crime no. 32 of 2024 under section- 376, 394, 504, 506 IPC Police StationKhakhareru, District- Fatehpur pending in the court of Additional Chief Judicial Magistrate-I, Fatehpur.

¶10

It is further prayed that this Hon'ble Court may further be graciously pleased to stay the further proceeding in Case No. 13517 of 2024 (State Versus Rohit Mishra) under section- 376, 504, 506 IPC Police StationKhakhareru, District- Fatehpur as well as impugned Charge-Sheet Dated 11.04.2024 (State Versus Rohit Mishra) under section- 376, 504, 506 IPC Police Station- Khakhareru, District- Fatehpur as well as impugned Cognizance and Summoning Order Dated 18.07.2024 passed in Case No. 13517 of 2024 arising out of case crime no. 32 of 2024 under section- 376, 394, 504, 506 IPC Police Station- Khakhareru, District- Fatehpur pending in the court of Additional Chief Judicial Magistrate-1, Fatehpur, during the pendency of present application under section 482 Cr.P.C. before this Hon' ble Court, otherwise the applicants shall suffer irreparable loss and injury.

¶11

And or may be pleased to pass such other and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."

¶12

At the very outset, the learned A.G.A. submits that applicant has 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.

¶13

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

¶14

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.

¶15

Accordingly this application is disposed of 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 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.

¶16

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

¶17

Order Date :- 9.1.2025 Arshad

¶18

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

Rohit Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rohit Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Riyaz Hussain Alias Raju vs State of U.P. and Another

Smt Anuradha Pandey Alias Chandana vs State of U.P. and 7 Others

Anash vs State of Upand Another

Arif and 5 Others vs State of U.P. and Another

Manoj vs State of U.P. and Another

Amir and Another vs State of U.P. and 3 Others