Sumit Chandra Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:11816

Court No. - 71

Case :- APPLICATION U/S 482 No. - 41706 of 2024

Applicant :- Sumit Chandra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sanjay Kumar, Advocate, holding brief of Mr. Yogesh Kumar Srivastava, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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On the matter being taken up, the learned A.G.A. submits that notice of present application has been served upon first informant/opposite party-2 on 01.12.2024. However, in spite of service of notice upon opposite party-2 neither any counter affidavit has been filed by first informant opposite party-2 nor anyone has put in appearance on his behalf to oppose this application even in revised call.

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Applicant-Sumit Chandra, 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 quashed the charge sheet dated 13.10.2023 as well as summoning order dated 21.11.2023 passed by Special Judge (POCSO)/ Additional Session Judge, Firozabad in S.T. No. 2638 of 2023 arising out of case crime no. 606 of 2023 under section 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Tundla, District Firozabad.

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It is further prayed that during the pendency of the present application further proceeding of S.T. No. 2638 of 2023 arising out of case crime no. 606 of 2023 under section 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Tundla, District Firozabad pending in the court of Special Judge (POCSO)/ Additional Session Judge, Firozabad and/or to pass such other

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and further order which this Hon'ble Court may deem fit and proper under the present facts and circumstances of the case."

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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 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 :- 23.1.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Sumit Chandra v. State of U.P. and 3 Others

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