Priti Verma and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Priti Verma and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of finally; applicants directed to file a discharge application under Section 227 Cr.P.C. within two weeks with a certified copy of the order, to be decided by the court below by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment; trial court not to proceed further with the matter till disposal of the discharge application.

Issue for consideration

Whether the charge-sheet no. 189/2023 and the cognizance/summoning order dated 8-11-2023 passed by the Chief Judicial Magistrate, Kanpur Nagar should be quashed under Section 482 Cr.P.C., or whether the applicants should be relegated to pursuing their discharge application under Section 227 Cr.P.C. before the trial court.

Court's answer

No useful purpose would be served in keeping the Section 482 application pending; the grounds raised by the applicants can be examined by the court below meticulously at the time of deciding the discharge application, as the court below has the advantage of having the original record.

Ratio / Principle

Application disposed of finally with a direction to the applicants to approach the court below by filing a discharge application in terms of Section 227 Cr.P.C. within two weeks alongwith a certified copy of the order; the court below shall decide the same by a reasoned and speaking order within two months thereafter, provided there is no other legal impediment.

Key takeaways

As an interim measure, till 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. filed by Priti Verma and Jagdev Verma, charge-sheeted accused in Case Crime no. 219/2023 (Sections 147, 148, 504, 352, 302, 506, 323 IPC, P.S. Hanumant Vihar, Kanpur Nagar), seeking quashing of charge-sheet no. 189/2023 and the cognizance/summoning order dated 8-11-2023 passed by the Chief Judicial Magistrate, Kanpur Nagar. Observing that the grounds raised could be examined by the trial court meticulously while deciding the discharge application, the Court held that no useful purpose would be served in keeping the application pending. The applicants were directed to file a discharge application in terms of Section 227 Cr.P.C. within two weeks alongwith a certified copy of the order, to be decided by a reasoned and speaking order within two months thereafter, provided there was no other legal impediment. Till disposal of the discharge application, the trial court was directed not to proceed further with the matter.

Neutral Citation No. - 2025:AHC:9689

Court No. - 71

Case :- APPLICATION U/S 482 No. - 41318 of 2024 Applicant :- Priti Verma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Phool Singh Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1

Perused the record.

Applicants-Priti Verma and Sri Jagdev Verma, who are charge sheeted accused, have 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 graciously be pleased to quash the Charge-Sheet no: 189/2023 of Case Crime no: 219/2023 Under Section 147, 148, 504, 352, 302, 506, 323 I.P.C P.S. Hanumant Vihar Kanpur Nagar & Also quash the cognizance/ summoning order dated 8-11-2023 passed by Chief Judicial Magistrate, Kanpur Nagar.

It is further prayed that his court may also be pleased to direct the court concern to Consider & Decide the Discharge Application Under section 227 Cr.P.C filed by the applicants in Sessions Case No: 184/2024 i.e., state Vs Priti Verma & others arising out of Case Crime no: 219/2023 Under Section 147, 148, 504, 352, 302, 506, 323 I.P.C P.S. Hanumant Vihar Kanpur Nagar, within some stipulate period during the pendency of the trial pending before the trial court."

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.

When confronted with above, the learned counsel for applicants submits the accused/applicants have already filed their discharge application before court below. Copy of same is on record at page 108 of the paper book.

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.

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 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/YK

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