Mujeeb Vs State of U.P. and 3 Others

Court No. - 71

Case :- APPLICATION U/S 482 No. - 38242 of 2024

Applicant :- Mujeeb Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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

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Learned counsel for applicant submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant opposite party 2 on 29.10.2024, however inspite of service of notice neither any counter affidavit has been filed by the first informant opposite party 2 nor anyone has put in appearance on his behalf even in revised call.

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Perused the record.

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Applicant Mujeeb, who is 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 graciously be pleased to Quashed the Chargesheet dated 23.02.2024 Submitted by Investigating officer along with Set Aside /Quashed the impugned Cognizance order dated 27.02.2024 passed by Learned Additional District &Sessions Judge/Special Judge POCSO Act-3, Ghaziabad. And kindly Quashed the entire proceedings of Criminal Case No. 51/2024 (State Vs. Mujeet and others) Arising out of Case Crime No.02/2024, Under Sections-376 (D) I.P.C., & Under Section 5G/6 POCSO Act, at Police Station-Masoori, DistrictRural (Commissionerate Ghaziabad) Pending before Learned Additional District & Sessions Judge/Special Judge POCSO Act-3, Ghaziabad, during the pendency of the Trial before the court below, otherwise appellant shall suffer irreparable loss and injury, so that justice may be done.

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It is further prayed that the further prayed that this hon'ble court may kindly be pleased to stay the further criminal proceedings of Criminal Case No. 51/2024 (State vs Mujeeb and others) Arising out of Case Crime No.02/2024, Under Sections-376 (D) I.P.C., & Under Section 5G/6 POCSO Act, at Police Station- Masoori, District-Rural (Commissionerate

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Ghaziabad) Pending before Learned Additional District & Sessions Judge/Special Judge POCSO Act-3, Ghaziabad pending against the applicant to meet the ends of justice.

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And or also kindly be pleased to pass any other and further order or direction in favour of applicant to meed the ends of justice."

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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 their 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 :- 15.1.2025 Aiman/Vinay

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

Mujeeb v. State of U.P. and 3 Others

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