Allahabad High Court
Dharmendra Patel vs State Of U.P. And Another on 26 September, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:159175 Court No. - 77 Case :- APPLICATION U/S 482 No. - 21911 of 2024 Applicant :- Dharmendra Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arpit Dwivedi,Deepak Kumar Pandey,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Deepak Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Dharmendra Patel, 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 entire proceedings on the basis of impugned charge sheet dated 27.12.2023 as well as impugned cognizance order dated 27.02.2024 in Case No. 391 of 2024 (State v. Dharmendra Patel), arising out of Case Crime No. 198 of 2023, under Section 306 I.P.C., Police Station- Rampur, District- Jaunpur, Pending in the Court of Learned A.C.J.M. 5, Jaunpur.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings on the basis of impugned charge sheet dated 27.12.2023 as well as impugned cognizance order dated 27.02.2024 in Case No. 391 of 2024 (State v. Dharmendra Patel), arising out of Case Crime No. 198 of 2023, under Section 306 I.P.C., Police Station- Rampur, District- Jaunpur, Pending in the Court of Learned A.C.J.M. 5, Jaunpur, during pendency of the present application before this Hon'ble court. And/or may 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 the present application without availing statutory remedy available under Section 239 Cr.P.C. He, therefore, submits that present application is, therefore, liable to be dismissed on the ground of alternative remedy.
5. When confronted with above, the learned counsel for applicant submits that he has no objection, in case, the applicant is relegated to Court below and seek discharge in terms of Section 239 Cr.P.C.
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. The grounds raised in support of this application can be examined threadbare by Court below as it has the advantage of having entire original records before it.
7. 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 239 Cr.P.C. 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 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, no further action shall be taken by Court below against applicant.
Order Date :- 26.9.2024 Imtiyaz