Wazid v. State of U.P. and another). The aforesaid application was disposed of fina

Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Additional Sessions Judge/F.T.C.1st, Mau, District: Mau, during the pendency of the present criminal misc. application before this Hon'ble Court. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned summoning order dated

29.01.2024 passed by the Learned Chief Judicial Magistrate, Mau as well as entire criminal proceeding the proceeding of Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Additional Sessions District: Mau. Judge/F.T.C.1st, Mau, And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, otherwise the applicant will suffer irreparable loss and injury."

4. At the very outset, the learned A.G.A. submits that co-accused Wazid approached this Court by means of an application under Section 482 Cr.P.C. No. 43242 (Wazid Vs. State of U.P. and another). The aforesaid application was disposed of finally by this Court vide order dated 21.01.2025. For ready reference, the order dated 21.01.2025 is reproduced herein-below: "1. Heard Mr. Rishu Srivastav, the learned counsel for applicant and the learned A.G.A. for State.

2. Perused the record.

3. Applicant-Wazid, 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 this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated

05.03.2024 passed by the Learned Chief Judicial Magistrate, Mau as well as entire criminal proceeding in Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Chief Judicial Magistrate, Mau, District: Mau, during the pendency of the present criminal misc. application before this Hon'ble Court. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned summoning order dated

05.03.2024 passed by the Learned Chief Judicial. Magistrate, well as Mau entire as criminal proceeding the proceeding of Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Chief Judicial Magistrate, Mau, District: Mau. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, otherwise the applicant irreparable loss and injury."

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 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.

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.

7. 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.

8. 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 "

5. Learned A.G.A. submits that case of present applicant is similar and identical to aforementioned co-accused Wazid. There is no such distinguishing feature on the basis of which the case of present applicant can be so distinguished from aforementioned co- accused so as to accord the present applicant a different treatment.

6. Learned A.G.A. for State-opposite party-1 does not oppose the aforementioned submission of the learned counsel for applicant.

7. 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.

8. 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.

9. 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 :- 3.4.2025 YK

Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Additional Sessions Judge/F.T.C.1st, Mau, District: Mau, during the pendency of the present criminal misc. application before this Hon'ble Court. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned summoning order dated

29.01.2024 passed by the Learned Chief Judicial Magistrate, Mau as well as entire criminal proceeding the proceeding of Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Additional Sessions District: Mau. Judge/F.T.C.1st, Mau, And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, otherwise the applicant will suffer irreparable loss and injury."

4. At the very outset, the learned A.G.A. submits that co-accused Wazid approached this Court by means of an application under Section 482 Cr.P.C. No. 43242 (Wazid Vs. State of U.P. and another). The aforesaid application was disposed of finally by this Court vide order dated 21.01.2025. For ready reference, the order dated 21.01.2025 is reproduced herein-below: "1. Heard Mr. Rishu Srivastav, the learned counsel for applicant and the learned A.G.A. for State.

2. Perused the record.

3. Applicant-Wazid, 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 this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated

05.03.2024 passed by the Learned Chief Judicial Magistrate, Mau as well as entire criminal proceeding in Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Chief Judicial Magistrate, Mau, District: Mau, during the pendency of the present criminal misc. application before this Hon'ble Court. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned summoning order dated

05.03.2024 passed by the Learned Chief Judicial. Magistrate, well as Mau entire as criminal proceeding the proceeding of Criminal Case No.680 of 2024 (State Vs. Lunain @ Nurul and others) arising out of Case Crime No.285 of 2023, u/Ss 376, 506, 109, 342 IPC, Police Station: Sarai Lakhansi, District: Mau pending in the Court of Chief Judicial Magistrate, Mau, District: Mau. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case, otherwise the applicant irreparable loss and injury."

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 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.

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.

7. 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.

8. 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 "

5. Learned A.G.A. submits that case of present applicant is similar and identical to aforementioned co-accused Wazid. There is no such distinguishing feature on the basis of which the case of present applicant can be so distinguished from aforementioned co- accused so as to accord the present applicant a different treatment.

6. Learned A.G.A. for State-opposite party-1 does not oppose the aforementioned submission of the learned counsel for applicant.

7. 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.

8. 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.

9. 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 :- 3.4.2025 YK