Allahabad High Court
Rajesh Parmar And 2 Others vs State Of U.P. And Another on 8 October, 2020
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 14333 of 2020 Applicant :- Rajesh Parmar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra,Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C., has been filed for quashing the charge sheet no. 681 of 2018 dated 11.12.2018 and cognizance order dated 21.12.2019 passed by Chief Judicial Magistrate, Moradabad as well as entire criminal proceedings in Case No. 15780/9 of 2019 (State Vs. Rajesh Parma & others) arising out of Case Crime No. 0914 of 2018, under Sections 452, 323, 504, 506 of IPC, Police Station Katghar, District Moradabad pending in the court of chief Judicial Magistrate, Moradabad.
Heard learned counsel for the applicants and learned A.G.A. for the State.
It has been argued by learned counsel for applicants that applicants are innocent and they have been falsely implicated in this case and that charge sheet was filed in a routine manner. It was further submitted that no prima facie case is made out against applicants and the impugned proceedings are liable to be quashed.
Learned A.G.A. has opposed the application and argued that in view of the allegations made in the FIR and material collected during investigation, it cannot be said that no prima facie, case is made out against the applicants.
In view of material on record, no case for quashing of proceedings or charge sheet is made out. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the trial court.
The prayer, as made above, is hereby refused.
However, it is directed that in case, applicants move an appropriate application for discharge before the court below within a period of one month from today, the same shall be considered and decided by the court below expeditiously, preferably within a period of two months thereafter, in accordance with law.
For a period of one month from today and in case, the application for discharge is moved within the aforesaid period, till the disposal of such application, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 8.10.2020 Mohit