O R D E R

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The application for quashing criminal case under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.) was dismissed by the High Court by the impugned judgment. The High Court has accepted a preliminary objection raised by the State that the petition under Section 482 of the Cr.P.C. was not maintainable as the appellant had an efficacious remedy of filing a discharge application.

4. A discharge application is completely different from a petition for quashing under Section 482 of the Cr.P.C. while Signature Not Vecrifioednsidering an application for discharge, the Court can look Digitally signed by KAVITA PAHUJA Date: 2024.08.28

16:09:48 IST Reason: at only the documents which are forming a part of the charge-

sheet. However, while dealing with the petition under Section 482 of the Cr.P.C., the Court can always look into the documents which are not a part of the charge-sheet and can always examine whether the intimation or continuation of the prosecution is an abuse of process of law. Therefore, the entire approach of the High Court is erroneous when it held that an application for quashing FIR/charge sheet filed under Section 482 of Cr.P.C. (Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023) was not maintainable in view of availability of a remedy of applying for discharge.

5. Accordingly, the impugned order dated 1st March, 2024 is set aside and Application No.1973 of 2024 under Section 482 of the Cr.P.C. is restored to the file of the High Court.

6. We direct that the restored application shall be placed before High Court of Judicature of Allahabad at Lucknow Bench on 23rd September, 2024.

7. Parties who are present today shall be bound to appear before the High Court on that day and no further notice of the restored application shall be served to them.

8. Registry of this Court to communicate this order to the Registrar (Judicial) of the Allahabad High Court, Lucknow Bench who shall ensure that the application be listed before the Roaster Bench on 23rd September, 2024.

9. All contentions of the parties on merits are left open to be decided by the High Court.

10. The Appeal is accordingly partly allowed.

11. Pending application(s), if any, shall stand disposed of.

..........................J.

(ABHAY S.OKA)

..........................J.

(AUGUSTINE GEORGE MASIH)

NEW DELHI;

August 23, 2024.

ITEM NO.46 COURT NO.6 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.7136/2024 (Arising out of impugned final judgment and order dated 01- 03-2024 in A482 No. 1973/2024 and order dated 02-05-2024 in CRLA No. 1488/2024 passed by the High Court Of Judicature At Allahabad, Lucknow Bench)

MOHD RIZWAN Petitioner(s)

VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s)

(IA No. 119229/2024 - EXEMPTION FROM FILING O.T.)

Date : 23-08-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Rizwan Ahmad, AOR Mr. Himanshu Gupta, Adv.

Mr. Shaikh Saipan Dastgir, Adv.

Mr. Amir Kaleem, Adv.

Mr. Mohd Faiz Ansari, Adv.

For Respondent(s) Mr. Shaurya Sahay, AOR Mr. Aditiya Kumar, Adv.

Mr. Anuj Shukla, Adv.

Mr. Yash Giri, Adv.

Mr. Manish Kumar, AOR Mr. Rudra Vikram Singh, Adv.

Mr. Shresth Agarwal, Adv.

Ms. Salma Bano, Adv.

Mr. Md. Sadath Hussain, Adv.

Mr. Devendra Kumar Rawat, Adv.

Ms. Dolly Rani, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is partly allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(KAVITA PAHUJA) (AVGV RAMU)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

[Signed order is placed on the file]