The main legal point established in the judgment is the maintainability of a 482 application against the rejection of a discharge application and framing of charges, as well as the limitations on filing a second discharge application after the framing of charges.

JUDGMENT :

1. Heard Sri Brij Mohan Sahai along with Sri Nadeem Murtuza, Sri Sudhanshu Shekhar Tripathi, Ms Snigdha Singh and Ms Akanksha Bajpai, learned counsel for the applicants, Sri Vikas Singh, along with Sri Sourabh Rastogi, learned counsel for opposite party no.2 and Sri Vinay Kumar Shahi, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 13.12.2023 passed by Additional Sessions Judge/Special Judge (E.C. Act), Court No.4, Sultanpur, as well as the impugned order dated 02.08.2023 passed by the learned Sessions Judge, Sultanpur in Sessions Trial No.119 of 2023 (State of U.P. v. Brijesh Kumar Yadav and Ors.) arising out of case crime no.78 of 2022, under Sections 147, 148, 149, 302, 307, 504, 506, 34, 120-B IPC, Police Station-Amethi, District-Amethi, pending in the Court of Additional Sessions Judge/Special Judge (E.C. Act), Court No.4, Sultanpur.

3. The factual matrix of the case is as follows:

The FIR was lodged on 16.03.2022 against the applicants and other co-accused persons u/s 147, 148, 149, 302, 307, 504, 506, 34, 120-B IPC, in case crime no.78 of 2022, Police Station-Amethi, District-Amethi. Police, after investigation, prepared the first chargesheet dated 22.05.2022, though it is disputed that this chargesheet was not submitted at that time by the police. But on the direction of the Superintendent of Police, a further investigation was also conducted. It is relevant to mention here, in the first chargesheet, which was mentioned as chargesheet no.156, applicants were also named as accused and the same was filed along with subsequent chargesheet no.156A, which was filed in the Court on 14.06.2022. Applicants were also named as accused in that supplementary chargesheet, but one of the co-accused, Ram Shankar Tiwari, was exonerated. Subsequently, on the direction of the Principal Secretary, Government of U.P., the order was issued by the Superintendent of Police, Amethi, to conduct further investigation. After obtaining permission from the Court, the Investigating Officer again conducted the investigation and submitted third chargesheet bearing no.156B on 10.01.2023. In that chargesheet, the applicants' names were deleted, and certain sections were removed, including the section of 120-B IPC, it was filed against the other accused persons. Thereafter, the Investigating Officer, based on the third police report dated 10.01.2023, also applied to cancelling the warrant against the applicants who were in jail. The learned Chief Judicial Magistrate rejected that application by order dated 13.01.2023, and he also rejected the supplementary report dated 10.01.2023 and directed the case to be committed to Sessions Judge. After that, vide a separate order dated 16.01.2023, the case was also committed to Sessions Judge. The applicants and other accused persons have challenged the order dated 13.01.2023 before this Court by way of Revision no.113 of 2023, which is still pending. Thereafter, the present applicants moved a Discharge application dated 03.05.2023 u/s 227 Cr.P.C. on the ground that in the subsequent police report, the applicants were exonerated; therefore, there is no evidence against them, and on considering the subsequent police report, they may be discharged. The learned Sessions rejected this discharge application Judge by the order dated 16.05.2023. Thereafter, charges were also framed on 02.08.2023 against the applicants by the learned Sessions Judge u/s 228 Cr.P.C. In the meantime, the applicants had filed Application u/s 482 No.7193 of 2023 challenging the criminal proceeding of Sessions Trial No.119 of 2023 of the present case crime number. But in that 482 application, order of rejecting of discharge application dated 16.05.2023 was not challenged. This Court disposed of this application by order dated 30.08.2023 rejecting the prayer for quashing the proceeding of Sessions Trial No. 119 of 2023. However, the Court directed that in view of the law l