Allahabad High Court
Matru vs State Of U.P. Thru. Prin. Secy. Home ... on 12 February, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:12673 Court No. - 11 Case :- APPLICATION U/S 482 No. - 1288 of 2024 Applicant :- Matru Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shitesh Jha,Dr. Shailendra Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the petitioner and the learned Additional Government Advocate for the State.
2. In view of the proposed order, the notice to opposite party no.2 is hereby dispensed with.
3.By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of the entire proceedings of the Criminal Case No.629 of 2023 (State vs. Matru and another), arising out of Case Crime No.8 of 2020, under Sections 379 & 411 I.P.C. and Section 26 of Forest Act, Police Station-Gaurifanta, District-Kheri, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.7, District-Kheri and the impugned summoning order dated 07.02.2023 as well as the impugned charge-sheet dated 29.06.2020, as contained in Annexure Nos.1 & 2 to the petition, so far as it relates to the present petitioner, in the interest of justice.
4. The submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the aforesaid case as he has not committed any offence as alleged in the prosecution case.
5. Learned counsel for the petitioner has requested that the petitioner is ready to appear/ surrender before the learned court below and file bail application before the learned court below, therefore, the direction may be issued to the learned court below to consider and dispose of the said bail application expeditiously within a stipulated time.
6. On the other hand, learned Additional Government Advocate has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioner has got efficacious remedy by filing discharge application before the learned court below.
7. Be that as it may, since the petitioner can prefer a discharge application before the learned court below taking all pleas and grounds, which are available with him, therefore, he should approach the learned court below by filing the discharge application.
8. Accordingly, considering innocuous prayer of learned counsel for the petitioner and without entering into the merits of the issue, the present petition is being disposed of at the admission stage permitting the petitioner to surrender/ appear before the learned court below and file bail application before the competent court of law within a period of four weeks from today and if such bail application is filed by the petitioner within the aforesaid stipulated time, the same shall be considered and decided expeditiously, preferably on the same day, strictly in accordance with law and in view of the dictum of Apex Court rendered in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021.
9. Thereafter, the petitioner may also file the discharge application taking all pleas and grounds, which are available with him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application, within a period of three weeks and if such discharge application is filed by the petitioner before the learned court below within the aforesaid stipulated time, the court concerned shall consider and decide the said application strictly in accordance with law, by passing speaking and reasoned order and by affording an opportunity of hearing to the concerning parties, more particularly the opposite party No.2, with expedition.
10.The petition is accordingly disposed of finally.
[Rajesh Singh Chauhan,J.] Order Date :- 12.2.2024 Suresh/