Allahabad High Court
Mohd. Mashkoor vs State Of U.P. And Another on 24 May, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:116408 Court No. - 68 Case :- APPLICATION U/S 482 No. - 12136 of 2023 Applicant :- Mohd. Mashkoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Firoz Haider, the learned counsel for applicant and the learned A.G.A. for State.
This application U/s 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 08.06.2021 submitted in Case Crime No. 122 of 2021, under Sections 147, 341, 332, 353, 427 IPC and 3/4 Prevention of Damage to Public Property Act, Police Station-Pakbada, District-Moradabad, the Cognizance Taking Order/Summoning Order dated 25.08.2021 passed by Chief Judicial Magistrate, Moradabad in Consequential Case No. 7389/9 of 2021 (State Vs. Mohd. Mashkoor and Others) under Sections 147, 341, 332, 353, 427 IPC and 3/4 Prevention of Damage to Public Property Act, Police Station-Pakbada, District-Moradabad, as well as the entire proceedings of aforementioned criminal case now pending in the court of Chief Judicial Magistrate, Moradabad.
Learned counsel for applicants submits that except for the statement of witnesses, there is no other material to establish complicity of applicant. Witnesses examined under Section 161 Cr.P.C are police personnel and therefore, their statements recorded under Section 161 Cr.P.C. are neither credible nor reliable. According to the learned counsel for applicant, the accident has not taken place in respect of any member of the family of applicant. Therefore, applicant has been falsely implicated in aforementioned criminal case on account of political/police rivalry. Reference has also been made to paragraph 6 of the affidavit filed in support of present application. He, therefore, contends that since the impugned criminal proceedings are malicious therefore same are liable to be quashed by this Court.
Per contra, the learned A.G.A. has opposed the present application. He submits that in view of the submission urged by the learned counsel for applicant, remedy lies to applicant to approach the court below itself and seek discharge in terms of Section 239 Cr.P.C.
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.
Accordingly, present application is disposed off finally with a direction to court below that in case, applicant appears before court below and file their discharge application within a period of two weeks from today along with certified copy of this order, court below shall decide the discharge application filed by applicant by a reasoned and speaking order preferably within a period of two months thereafter.
It goes without saying that court below shall proceed against applicant only after disposal of the discharge application.
Order Date :- 24.5.2023 Jitendra/-