Allahabad High Court
Anil Kumar Singh vs State Of U.P. And Another on 19 May, 2022
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 4223 of 2022 Applicant :- Anil Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjit Singh,Peeyush Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made by the applicant is that the Additional Chief Judicial Magistrate-Vth, Allahabad be directed to decide the application under Section 239 Cr.P.C. filed by the applicant for the discharge in case no. 3111 of 2009, State v. Prem Singh And Another, under Sections 498-A, 323, 504, 506 IPC, police station Jhunsi, District Allahabad within a stipulated period.
It has been argued by learned counsel for the applicant that no prima facie case is made out against the applicant and that in fact the dispute was between the complainant and her husband Prem Singh and that applicant was working as a subordinate of said Prem Singh in BSNL office and he has been falsely implicated in this case due to that reason. The charge-sheet was filed against the applicant and co-accused Prem Singh without proper investigation, whereas there was no evidence against the applicant. During trial, said co-accused Prem Singh has passed away. Learned counsel submitted that applicant is not a relative of said co-accused Prem Singh and thus, no offence under Section 498-A IPC is made out against the applicant. It was further submitted that applicant has moved an application under Section 239 Cr.P.C. seeking discharge before the court below but the said application has not been decided by the court below so far.
Considering the submissions of learned counsel for the parties, the court below is directed to decide the application filed by the applicant under Section 239 Cr.P.C. expeditiously, preferably within a period of two months from the date of production of certified copy of this order, in accordance with law, if there is no legal impediment.
With the aforesaid observations, the instant application is finally disposed of.
Order Date :- 19.5.2022 Anand