Allahabad High Court
Ramveer Giri vs State Of U.P. And Another on 3 September, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:142416 Court No. - 77 Case :- APPLICATION U/S 482 No. - 17282 of 2024 Applicant :- Ramveer Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Tripathi,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Anjani Kumar Tripathi, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1
2. Perused the record.
3. Applicant-Ramveer Giri, 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 kindly be pleased to allow the present application and further be pleased to quash the impugned charge sheet dated 17.09.2023 as well as the impugned cognizance/summoning order dated 19.10.2023 passed by the learned Judicial Magistrate-IInd, Aligarh and entire proceedings of Criminal Case No.2113 of 2023 (State' vs. Ramveer Giri) arising out of Case Crime No.216 of 2023, under Sections-427, 506 I.P.C., Police Station-Chandaus, District-Aligarh, pending before the Court of learned Judicial Magistrate-IInd, Aligarh.
It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceedings of Criminal Case No.2113 of 2023 (State vs. Ramveer Giri) arising out of Case Crime No.216 of 2023, under Sections-427, 506 I.P.C., Police Station-Chandaus, District-Aligarh, pending before the Court of learned Judicial Magistrate-IInd, Aligarh during the pendency of present application before this Hon'ble Court, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the 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 thread bare 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 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 alongwith 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 :- 3.9.2024 YK