Suresh Vishvakarma vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Suresh Vishvakarma vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction to the applicant to file a discharge application under Section 239 Cr.P.C. within two weeks alongwith a certified copy of the order; court below to decide it by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment; further proceedings before the court below stayed till disposal of the discharge application.

Issue for consideration

Whether the application under Section 482 Cr.P.C. seeking quashing of the charge-sheet dated 24.9.23 and the cognizance/summoning order dated 8.4.24 in Criminal Case No. 5807/2024 should be entertained when the applicant, a charge-sheeted accused, has not first availed the statutory remedy of a discharge application under Section 239 Cr.P.C. before the trial court.

Court's answer

No useful purpose would be served in keeping the Section 482 application pending, since the grounds raised in support of it can be examined by the court below at the time of deciding the discharge application, the court below having the advantage of the original record.

Ratio / Principle

The application is disposed of finally with a direction to the applicant to approach the court below by filing a discharge application in terms of Section 239 Cr.P.C.; if filed within two weeks with a certified copy of the order, the court below shall decide it by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment.

Key takeaways

Until the disposal of the discharge application as directed, the court below shall not proceed further with the matter.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.) disposed of an application under Section 482 Cr.P.C. by charge-sheeted accused Suresh Vishvakarma seeking quashing of the entire criminal proceedings in Criminal Case No. 5807/2024 (arising out of Case Crime No. 36/23, State Vs. Suresh Visvakarma, under Sections 498A, 494, 323, 504, 506 IPC, P.S. Raipur, Distt. Sonbhadra), the charge-sheet dated 24.9.23 and the cognizance/summoning order dated 8.4.24 passed by the Civil Judge (Junior Division). Accepting the State's objection that the applicant had not availed the statutory remedy of discharge under Section 239 Cr.P.C., the Court held that the grounds raised could be examined by the trial court while deciding a discharge application, it having the advantage of the original record. The applicant was directed to file a discharge application within two weeks with a certified copy of the order, to be decided by a reasoned and speaking order within two months, and further proceedings before the trial court were kept in abeyance till its disposal.

Neutral Citation No. - 2025:AHC:10268

Court No. - 71

Case :- APPLICATION U/S 482 No. - 39188 of 2024

Applicant :- Suresh Vishvakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Chauhan,Anurodh Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Anurodh Tripathi, Advocate, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

Perused the record.

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

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quashed the entire criminal proceedings in relation to the Criminal Case No. 5807/2024 arising out of Case Crime No. 36/23 (State Vs. Suresh Visvakarma) under Section 498A, 494, 323, 504, 506 IPC P.S. Raipur, Distt. Sonbhadra and in the impugned charge-sheet dated 24.9.23 as well as in the impugned cognizance and summoning order dated 8.4.24 passed by Civil Judge (Junior Division), during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury, and/ or to pass such other further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 239 Cr.P.C. without availing the statutory remedy available under Section 239 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 239 Cr.P.C.

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

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.

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 239 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.

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

Order Date :- 21.1.2025 Arshad

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