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Sami Ullah @ Dhondhe & Others v. State Of U.p. & Another

Sami Ullah @ Dhondhe & Others v. State Of U.p. & Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

U/S 482/378/407 No. - 4403 of 2021 | 09-11-2021

Rajesh Singh Chauhan,J.

1. Heard Sri Arun Kumar Tiwari, learned counsel for the petitioners and learned Additional Government Advocate for the State.

2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with.

3. By means of this petition, the petitioners have prayed for quashing the entire criminal proceedings of Criminal Case No.25874 of 2021 (State vs. Sami Ullah @ Dhondhe and others) under Sections 323, 504, 506 & 427 I.P.C., Police Station-Huzoorpur, District-Bahraich pending in the court of learned Judicial Magistrate, J-2, District-Bahraich and the impugned summoning order dated 09.09.2021 as well as the impugned Charge-sheet No.239 of 2021 dated 04.09.2021.

4. Submission of learned counsel for the petitioners is that the petitioners have been falsely implicated in the aforesaid case as they have not committed any offence as alleged in the F.I.R.

5. Be that as it may, since the petitioners can prefer a discharge application before the learned court below taking all pleas and grounds, which are available to them, therefore, they should approach the learned court below by filing the discharge application.

6. Learned AGA has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioners have got efficacious remedy by filing discharge application.

7. Accordingly, without entering into the merits of the issue, the present petition is being disposed of at the admission stage with the direction that the petitioners may file discharge application before the learned court below through their counsel taking all pleas and grounds, which are available with them, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application, within a period of three weeks from today and if such application is filed by the petitioners before the learned court below within the aforesaid stipulated time, the court concerned shall consider and decide the said application strictly in accordance with law, by passing speaking and reasoned order and by affording an opportunity of hearing to the concerning parties, with expedition, preferably within a period of four weeks thereafter.

8. Till the disposal of such discharge application, the petitioners shall not be compelled to face the proceedings pending before the learned court below relating to the aforesaid criminal case, but it is made clear that if the present petitioners do not file any discharge application within the aforesaid stipulated time, the benefit of this order shall not be extended to the petitioners.

9. The petition is accordingly disposed of finally.

Advocate List

  • Arun Kumar Tiwari,Anjani Devi,Rama Shankar

  • G.A.

Bench
  • Hon'ble Justice Rajesh Singh Chauhan
Eq Citations
  • LQ/AllHC/2021/10898
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of criminal proceedings — Allegation of false implication — Dismissal of discharge application — Whether amounts to quashing of proceedings — Held, petitioners can prefer a discharge application before the court below taking all pleas and grounds, which are available to them, therefore, they should approach the court below by filing the discharge application — Accordingly, without entering into the merits of the issue, petition disposed of at the admission stage with the direction that petitioners may file discharge application before the court below through their counsel taking all pleas and grounds, which are available with them, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application, within a period of three weeks from today and if such application is filed by the petitioners before the court below within the aforesaid stipulated time, the court concerned shall consider and decide the said application strictly in accordance with law, by passing speaking and reasoned order and by affording an opportunity of hearing to the concerning parties, with expedition, preferably within a period of four weeks thereafter — Till the disposal of such discharge application, petitioners shall not be compelled to face the proceedings pending before the court below relating to the aforesaid criminal case, but it is made clear that if the present petitioners do not file any discharge application within the aforesaid stipulated time, the benefit of this order shall not be extended to the petitioners — Penal Code, 1860 — Ss. 323, 504, 506 and 427 — Discharge application — Dismissal of — Whether amounts to quashing of proceedings