Rahul Rajbhar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rahul Rajbhar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally without adjudicating the quashing grounds; applicant directed to file a discharge application under Section 227 Cr.P.C. within two weeks with a certified copy of this order; Court below to decide it by a reasoned and speaking order within two months thereafter (if no other legal impediment); further proceedings of Case No. 186 of 2024 suspended until the discharge application is disposed of.

Issue for consideration

Whether this Court should entertain and adjudicate the applicant's Section 482 Cr.P.C. plea to quash the summoning order (23.07.2024), the charge sheet (16.06.2024) and the entire criminal proceedings, when the statutory remedy of a discharge application under Section 227 Cr.P.C. before the trial court has not been availed.

Court's answer

This Court will not itself adjudicate the grounds for quashing: since the statutory remedy under Section 227 Cr.P.C. remains untried, the grounds raised in support of the application can be meticulously examined by the Court below at the time of deciding the discharge application, which has the advantage of the original record; accordingly no useful purpose would be served in keeping the application pending.

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 227 Cr.P.C. seeking his discharge in the above-mentioned criminal case.

Key takeaways

If the discharge application is filed by the applicant within two weeks from today along with a certified copy of this order, the Court below shall decide it by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment.ratio¶7
Until the discharge application is disposed of as directed, the Court below shall not proceed further with the matter (interim suspension of the trial-court proceedings).ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.; Neutral Citation 2025:AHC:7255; Order Date 16.1.2025) finally disposed of a Section 482 Cr.P.C. application by charge-sheeted applicant Rahul Rajbhar seeking quashing of the Summoning order dated 23.07.2024, the charge sheet dated 16.06.2024 and the entire criminal proceedings in Case No. 186 of 2024 (State Vs. Rahuj Rajbhar) under Sections 376 I.P.C., Police Station Bardah, District Azamgarh, pending before the Judicial Magistrate, Court No. 19, Azamgarh. Finding that the statutory remedy under Section 227 Cr.P.C. had not been availed, and that the Court below — having the advantage of the original record — could meticulously examine the grounds raised while deciding a discharge application, the Court declined interference, directed the applicant to file a discharge application within two weeks along with a certified copy of the order, undertaking that it be decided by a reasoned and speaking order within two months thereafter provided there is no other legal impediment, and ordered that the Court below shall not proceed further with the matter until the discharge application is disposed of.

Neutral Citation No. - 2025:AHC:7255

Court No. - 71

Case :- APPLICATION U/S 482 No. - 39643 of 2024

Applicant :- Rahul Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr.Sanjay Kumar Yadav, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

Applicant Rahul Rajbhar who is a 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 be pleased to quash the Summoning order 23.07.2024 issued by the Judicial Magistrate, Court No. 19, Azamgarh, charge sheet dated 16.06.2024 as well as entire criminal proceeding in Case No. 186 of 2024 (State Vs. Rahuj Rajbhar) under Sections 376 I.P.C., Police Station Bardah, District Azamgarh pending in the court of Judicial Magistrate, Court No. 19, Azamgarh.

It is further prayed that during the pendency of the present application before this Hon'ble Court be pleased to stay the further proceedings of Case No. 186 of 2024 (State Vs. Rahuj Rajbhar) under Sections 376 I.P.C., Police Station Bardah, District Azamgarh pending in the court of Judicial Magistrate, Court No. 19, Azamgarh, ending in the court of Judicial Magistrate, Court No. 19, Azamgarh, and/or to pass such other and further order as this Hon'ble Court may deem fit and proper."

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.

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 applicants to approach Court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his 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.

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 :- 16.1.2025 HSM

Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad