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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJ BEER SINGH, J.
Lakhan Alias Lakhan Verma - Applicant
Versus
State of U.P. and Another - Opposite Parties
Application U/S 482 No. 30454 of 2024
Decided On : 25-10-2024
Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Application filed to quash the summoning order in a criminal case under IPC - Applicant not pressing for quashing but seeks to move for discharge - Court allows application for discharge to be considered expeditiously. (Paras 2-5)
Facts of the case:
The applicant sought to quash proceedings in a criminal case but later decided to pursue a discharge application instead.
Findings of Court:
The court directed that the discharge application be considered and decided expeditiously.
Issues: The main issue was whether the applicant could move for discharge instead of quashing the proceedings.
Ratio Decidendi: The court emphasized the importance of allowing the applicant to seek discharge while ensuring no coercive action is taken during the process.
Result: Application disposed of with observations.
JUDGMENT :
Raj Beer Singh, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including summoning order dated 16.02.2024, of Criminal Case No. 1072 of 2023 (Afsana Begum Vs. Lakhan @ Lakhan Verma), under Sections 354, 323, 504, 427 IPC, P.S.- Jamaniya, District- Ghazipur, pending in the court of Additional Chief Judicial Magistrate, Ghazipur.
3. After arguing at some length, learned counsel counsel for the applicant submitted that he is not pressing the prayer for quashing of proceedings and that applicant may be permitted to move an application for discharge through counsel before the trial Court concerned and till then protection may be granted to the applicant.
4. In view of aforesaid, it is directed that in case applicant moves an application for discharge through counsel before the trial court concerned within a period of four weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of four weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicant, provided the applicant cooperates in early disposal of discharge application.
5. The application u/s 482 Cr.P.C. is disposed of with aforesaid observations.
The court allows an applicant to seek discharge in a criminal case while ensuring no coercive action is taken during the application process.
At the stage of Section 227 of Cr.P.C., the Court must determine whether the material on record, if un-rebutted, is such on the basis of which a conviction is reasonably possible.
The court can exercise inherent jurisdiction to quash complaints when the applicant is willing to cooperate with court proceedings and seeks protection.
Applicants appear/surrender before the court below within three weeks from today and apply for bail.
Issue of Process - Inherent power Court deems fit to issue suo moto direction to Court of Magistrate under S. 483 Cr.P.C. to commit Case Crime under Section 307/34, 506 I.P.C., Police Station forthwi....
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