Disposed

Brijnath and 3 Others v. State of U.P. and Another

Allahabad HC8 Jan 2025A482/36664/2024

Case brief

AI extract

What is this about?

Charge-sheeted accused sought quashing of the cognizance order in a case involving Sections 323, 506, 452, 454, 376 IPC. The court held the statutory remedy of discharge under Section 227 Cr.P.C. was available and not availed, and directed them to file such application within two weeks, to be decided by reasoned order within two months.

What did the court decide?

Applicants directed to file discharge application under Section 227 Cr.P.C. within two weeks; court below to decide it by reasoned order within two months; proceedings stayed meanwhile.

Brijnath and 3 Others vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:4134

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 36664 of 2024

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Applicant :- Brijnath And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Suneel Kumar Yadav, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Raj Kapoor Upadhyay, the learned counsel representing first informant/opposite party-2.

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Perused the record.

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Applicants-Brijnath And 3 Others, who are charge sheeted accused, have 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 kindly be pleased to allow the instant application of the applicant and be pleased to quashed the Impugned Cognizance Order dated 20.07.2023, (State Versus Brijnath and others) in Case Crime No.079 of 2023, Under Sections-323, 506, 452, 454, 376 IPC, Police Station- Ahiraula, DistrictAzamgarh, presently pending in the court of Additional District and Session Judge/FTC Court No.1 Azamgarh.

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It is further prayed that this Hon'ble Court may very kindly be pleased to stay the further proceeding of the Impugned Cognizance Order dated 20.07.2023, (State Versus Brijnath and others) in Case Crime No.079 of 2023, Under Sections-323, 506, 452, 454, 376 IPC, Police StationAhiraula, District-Azamgarh, presently pending in the court of Additional District and Session Judge/FTC Court No.1 Azamgarh, during the pendency of present criminal misc. application before this Hon'ble Court.

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Otherwise it can cause irreparable loss and injury.

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And/Or-pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

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At the very outset, the learned A.G.A. submits that applicants have 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.

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

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Having heard the learned counsel for applicants, 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 applicants 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 of finally with a direction to the applicants 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

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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 :- 8.1.2025 YK

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

Brijnath and 3 Others v. State of U.P. and Another

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Brijnath and 3 Others v. State of U.P. and Another

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