Allahabad High Court
Ranjit Alias Maneesh vs State Of U.P. And Another on 8 May, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:76199 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6182 of 2025 Applicant :- Ranjit Alias Maneesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- Ankit Kumar,G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Shailesh Kumar Srivastava, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.
2. Perused the record.
3. Applicant-Ranjit Alias Maneesh, who is a named as well as charge sheeted accused and has now been summoned by Court below, has approached this Court by means of present application under Section 528 BNS with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire proceeding of the Criminal Case No. 149 of 2024 (State versus Ranjit Kumar alias Maneesh) arising out of Case Crime No.383 of 2022, under Sections 452, 376, 506 I.P.C., Police Station Amroha Dehat, District-Amroha pending in the court of the learned Chief Judicial Magistrate, District Amroha and the Impugned Charge sheet dated 23.04.2023 (Charge Sheet No.120 of 2023) and impugned cognizance as well as summoning order 10.01.2024 passed by the learned Chief Judicial Magistrate, District Amroha and impugned N.B.W. order dated 22.08.2024 and onwards passed by the learned Chief Judicial Magistrate, District Amroha in Criminal Case No. 149 of 2024 (State versus Ranjit Kumar alias Maneesh) arising out of Case Crime No.383 of 2022, under Sections 452, 376, 506 I.P.C., Police Station Amroha Dehat, District-Amroha pending in the court of the learned Chief Judicial Magistrate, District Amroha in the interest of justice.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding of the Criminal Case No.149 of 2024 (State versus Ranjit Kumar alias Maneesh) arising out of Case Crime No.383 of 2022, under Sections 452, 376, 506 I.P.C., Police Station Amroha Dehat, District-Amroha pending in the court of the learned Chief Judicial Magistrate, District Amroha during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury.
And/or this Hon'ble Court may pass such other and orders which deem fit and proper under the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 227 Cr.P.C./250 BNSS. 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. Learned A.G.A. further submits that Court below can easily return findings on the issues as to whether as per the papers accompanying the charge sheet/police report submitted by the Investigating Officer in terms of Section 173(2) Cr.P.C., any offence is made out against applicants or not, whether there is any evidence against applicant and whether the prosecution of applicant can be sustained on account of grave suspicion. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application.
5. It is further submitted by the learned A.G.A. that statements of witnesses examined under Section 161 Cr.P.C., some of whom have also been nominated as prosecution witnesses in the charge sheet/police report submitted by the Investigating Officer under Section 173(2) Cr.P.C. have not been brought on record. Furthermore, there is no categorical averment in the affidavit filed in support of present application regarding the other material collected by Investigating Officer and relied upon to submit the charge sheet/police report. Referring to the judgment of Supreme Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35, the learned A.G.A. submits that in the absence of material collected by the Investigating Officer, leading to the submission of charge sheet, no interference is warranted by this Court in present application. As such, the present application is misconceived and is, therefore, liable to be dismissed.
6. When confronted with above, the learned counsel for applicant proceeded to address the Court on the merits of this application. However, after some arguments, he fairly gave up the prayer made by means of present application. He submits that interest of justice shall be served, in case, liberty is granted to applicants to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C./250 BNSS.
7. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant.
8. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending.
9. Accordingly, this application is disposed of finally with a direction to applicant to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C./250 BNSS seeking his discharge in aforementioned criminal case along with a certified copy of this order within a period of two weeks from today. In case, such a discharge application is filed by applicant within aforesaid period, Court below shall decide the same by a reasoned and speaking order and in the light of the direction contained in the judgment of Supreme Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh and Another (2022) 15 SCC 720 within a period of two months thereafter provided there is no other legal impediment.
10. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further against applicant.
Order Date :- 8.5.2025 Imtiyaz