Disposed

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

Allahabad HC8 Jan 2025A482/410/2025

Case brief

AI extract

What is this about?

A charge sheeted accused sought quashing of the charge sheet and summoning order in a Section 376 IPC case under Section 482 CrPC. The Court held the statutory remedy of a Section 227 discharge application should be availed first, disposed of the application with directions to file such an application within two weeks.

What did the court decide?

Application disposed of; liberty to file Section 227 CrPC discharge application within two weeks; court below to decide it within two months by reasoned order; proceedings stayed meanwhile.

Riyaz Hussain Alias Raju vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:4213

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 410 of 2025

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Applicant :- Riyaz Hussain Alias Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Riyaz Hussain Alias Raju, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Applicant Riyaz Hussain Alias Raju, 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:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set-aside/quash the charge sheet dated 06.07.2023 and the summoning order dated 02.08.2023 passed by the learned Judicial Magistrate, Sadar, Farrukahabad in Case No. 942 of 2023 (State Vs. Riyaz Haider alias Riyaz ), whereby the applicant has been summoned for the offence under Section 376 I.P.C., Police Station Shamshabad, District Farrukhabad as well as entire proceedings of Case No. 942 of 2023 (State Vs. Riyaz Haider alias Riyaz ) arising out of Case Crime No. 0132 of 2023 for the offence under Section 376 IPC, Police Station Shamshabad, District Farrukhabad pending in the Court of Judicial Magistrate, Sadar, Farrukhabad.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 942 of 2023 (State Vs. Riyaz Haider alias Riyaz ) arising out of Case Crime No. 0132 of 2023 for the offence under Section 376 IPC, Police Station Shamshabad, District Farrukhabad, pending iin the court of Judicial Magistrate, Sadar, Farrukhabad, during the pendency of the aforesaid application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury."

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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

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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 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.

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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 HSM

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

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

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

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