Allahabad High Court
Mahesh Kumar Prajapati vs State Of U.P. And Another on 21 August, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:133736 Court No. - 77 Case :- APPLICATION U/S 482 No. - 13014 of 2024 Applicant :- Mahesh Kumar Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A.,Rajesh Prasad Yadav Hon'ble Rajeev Misra,J.
1. Heard Mr. Ramesh Chandra Agrahari, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Rajesh Prasad Yadav, the learned counsel representing first informant-opposite party-2.
2. Perused the record.
3. Applicant-Mahesh Kumar Prajapati, 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 allow the present application and quash the impugned Charge Sheet dated 05.01.2024 and impugned Cognizance order dated 11.01.2024 as well as entire criminal proceeding of Criminal Case No. 27780 of 2024 (State Vs. Mahesh Kumar Prajapati) arising out of case crime no. 41 of 2023, Under Section 420, 406, 506, 467, 468, 471, 201, 120B I.P.C., Police Station Feelkhana, District Kanpur Nagar, pending before the learned court of Additional Civil Judge (S.D.), Room No. 4, Kanpur Nagar.
And further prayed that during the pendency of the present application before this Hon'ble Court the further proceeding of Criminal Case No. 27780 of 2024 (State Vs. Mahesh Kumar Prajapati) arising out of case crime no. 41 of 2023, Under Section 420, 406, 506, 467, 468, 471, 201, 120B I.P.C., Police Station Feelkhana, District Kanpur Nagar, pending before the learned court of Additional Civil Judge (S.D.), Room No. 4, Kanpur Nagar, may be stayed, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury."
4. Varied submissions have been made by the learned counsel for applicant in support of this application. The principal submission urged by the learned counsel for applicant is that applicant himself deposited money with the husband of first informant-opposite party-2. On the above premise, it is thus sought to be urged that no criminal prosecution can be maintained against present applicant under the charging Sections inasmuch as, the applicant has not created a forged valuable security.
5. Per contra the learned A.G.A. for State-opposite party-1 and the learned counsel representing opposite party-2 have vehemently opposed the present application. They submit that in view of the submission urged by the learned counsel for applicant qua the innocence of applicant, remedy lies to applicant to approach Court below itself by moving a discharge application in terms of Section 239 Cr.P.C. Court below can examine the grounds raised in the present application threadbare with reference to the material on record as it has the advantage of having entire original records. Learned A.G.A. thus submitted that no interference is warranted by this Court in present application.
6. Mr. Rajesh Prasad Yadav, the learned counsel representing first informant-opposite party-2 has adopted the arguments raised by the learned A.G.A.
7. Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1, the learned counsel representing opposite party-2 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending.
8. 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.
9. It goes without saying that till the disposal of discharge application, no further action shall be taken by Court below against applicant.
Order Date :- 21.8.2024 Vinay