State v. Imran and Others) arising out of Case Crime No
Case Details
Court No. - 72 Case :- APPLICATION U/S 482 No. - 36873 of 2024 Applicant :- Mohd Sajid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan,Rashid Ali Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Legal Reasoning
Heard Mr Samiuzzaman Khan, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant Mohd. Sajid, 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 graciously be pleased to allow this application and quash the entire criminal proceedings of Case No. 1605 of 2024 (State Vs. Imran and Others) arising out of Case Crime No.316 of 2023, under Section 420, 406, 120-B, 504, and 506 I.P.C., Police Station Masuri, District Ghaziabad, bearing Charge Sheet No. 01 of 2024, dated 24.03.2024 as well as Cognizance Order dated 03.09.2024 and Summoning Order dated 03.09.2024 pending in the court of Additional Civil Judge (Senior Division), Court No. 2, District Ghaziabad, to secure the ends of justice, otherwise the Applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 1605 of 2024 (State Vs. Imran and Others) arising out of Case Crime No.316 of 2023, under Section 420, 406, 120-B, 504, and 506 I.P.C., Police Station Masuri, District Ghaziabad, bearing Charge Sheet No. 01 of 2024, dated 24.03.2024 as well as Cognizance Order dated 03.09.2024 and Summoning Order dated 03.09.2024 pending in the court of Additional Civil Judge (Senior Division), Court No. 2, District Ghaziabad, during the pendency of present application before this Hon'ble Court. And/or to pass any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of he case." At the very outset, the learned counsel for applicant submits that co-accused Mohd. Zulfikar, approached this Court by means of Application U/S 482 No. 35325 of 2024 (Mohd Zulfikar Vs. State of U.P. and Another), which was disposed of finally vide order dated 22.10.2024. For ready reference, the order dated 22.10.2024 is reproduced herein under: "1. Heard Mr. Mohd. Samiuzzaman Khan, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. 2. Perused the record 3. Applicant Mohd Zulfikar, 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 Hon'ble Court may graciously be pleased to allow this application and quash the entire criminal proceedings of Case No. 1605 of 2024 (State Vs. Imran and Others) arising out of Case Crime No.316 of 2023, under Section 420, 406, 120-B, 504, and 506 I.P.C., Police Station Masuri, District Ghaziabad, bearing Charge Sheet No. 01 of 2024, dated 24.03.2024 as well as Cognizance Order dated 03.09.2024 and Summoning Order dated 03.09.2024 pending in the court of Additional Civil Judge (Senior Division), Court No. 2, District Ghaziabad, to secure the ends of justice, otherwise the Applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of quash the entire proceedings of Case No. 1605 of 2024 (State Vs. Imran and Others) arising out of Case Crime No.316 of 2023, under Section 420, 406, 120-B, 504, and 506 I.P.C., Police Station Masuri, District Ghaziabad, bearing Charge Sheet No. 01 of 2024, dated 24.03.2024 as well as Cognizance Order dated 03.09.2024 and Summoning Order dated 03.09.2024 pending in the court of Additional Civil Judge (Senior Division), Court No. 2, District Ghaziabad, during the pendency of present application before this Hon'ble Court. And/or to pass any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of he case." 4. 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 239 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. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. 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.
Decision
7. Accordingly this application is disposed of finally with a direction to the applicant to approach Court below by filing a discharge application in terms of Section 239 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. 8. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further with the matter. " In view of the fact that application of co-accused has been disposed of finally with certain direction, no exception can be carved out in the case of present applicant. Accordingly this application is disposed of finally with a direction to the applicant to approach Court below by filing a discharge application in terms of Section 239 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 the discharge application as directed above, Court below shall not proceed further with the matter. Order Date :- 9.12.2024 Arshad