Naresh Alias Ram Naresh Gupta Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Naresh Alias Ram Naresh Gupta 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 with a direction to the applicant to file a discharge application in terms of Section 227 Cr.P.C. before the Court below within two weeks along with a certified copy of the order; the 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. should be entertained when the applicant, a charge-sheeted accused, has not availed the statutory remedy of discharge under Section 227 Cr.P.C. available before the Court below. +1 more

Court's answer

No useful purpose would be served in keeping the Section 482 application pending, as the grounds raised by the applicant's counsel can be examined meticulously 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 was 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. within two weeks from the date of the order, along with a certified copy of the order.

Key takeaways

The Court below shall decide the discharge application by a reasoned and speaking order within a period of two months after its filing, provided there is no other legal impediment.ratio¶7
Till the disposal of the discharge application as directed, the Court below shall not proceed further with the matter.ratio¶8

Detailed headnote1 paragraphs

Criminal Procedure - Section 482 Cr.P.C. - Quashing of proceedings - Alternative remedy - Applicant, a charge-sheeted accused in Case Crime No. 0707 of 2023 under Sections 376, 504, 506 IPC, Police Station-Kasya, District-Kushinagar, sought quashing of the cognizance order dated 3.2.2024 and charge sheet dated 15.10.2023 in Criminal Case No. 506 of 2024 without first availing the statutory remedy of discharge under Section 227 Cr.P.C. Held, no useful purpose would be served in keeping the application pending since the grounds raised can be examined meticulously by the Court below, which has the advantage of the original record, while deciding the discharge application. Application disposed of with direction to file a discharge application under Section 227 Cr.P.C. within two weeks, to be decided by a reasoned and speaking order within two months thereafter; further proceedings before the trial court stayed till disposal of the discharge application. (Rajeev Misra, J.; Neutral Citation No. 2025:AHC:34263)

Neutral Citation No. - 2025:AHC:34263

Court No. - 71

Case :- APPLICATION U/S 482 No. - 44238 of 2024

Applicant :- Naresh Alias Ram Naresh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Ravi Shankar Kanojiya Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Ravi Shankar Kanojiya, the learned counsel for applicant and learned A.G.A. for State.

Perused the record.

Applicant, Naresh @ Ram Naresh Gupta 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 most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding as well as cognizance order dated 3.2.2024 passed by Judicial Magistrate, Kasya, in Criminal Case No. 506 of 2024 arising out of Case Crime No. 0707 of 2023, under Sections 376, 504, 506 IPC, Police Station-Kasya, District-Kushinagar and charge sheet dated 15.10.2023 pending before Judicial Magistrate, Kasya.

It is further prayed that this Hon'ble Court may stay the entire proceeding of the present case, and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the present facts and circumstances of the case."

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 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.

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 :- 7.3.2025 Kumar Manish

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad