The High Court must decide appeals on merits when discharge applications are dismissed, rather than on procedural grounds.

O R D E R

Heard learned senior counsel/counsel for the petitioner and the respondent-State.

The petitioner is an accused in a case bearing Crime No.121/2022 registered with Police Station Sahaswan, District Budaun, Uttar Pradesh, for the offences punishable under Sections 420 , 467, 468, 471, 34 of the Indian Penal Code and Sections 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which now the charge sheet has also been filed. She was on bail given by the Court concerned and thereafter she moved an application for discharge which has been dismissed by the Trial Court vide order dated 02.05.2024 holding that there is enough evidence against the petitioner for framing of charges against the aforesaid Sections. This order was taken in appeal by the petitioner before the High Court. The High Court was of the opinion that the petitioner has approached the High Court prematurely inasmuch as although the discharge application has been dismissed but charges have not yet been framed against the petitioner. In other words, the Court has not gone on the merits of the case as to whether the discharge was proper or not?

Mr. S.R. Singh, learned senior counsel for the petitioner would argue that his appeal before the High Court, has not been decided on merits as it ought to have been done. Ms.Preeti Goel, learned counsel for the State of Uttar Pradesh would argue that the charges could not be framed as the petitioner was not present on that date. Be that as it may, considering that the High Court has not given any finding on the merits of the case, we presently dispose of the present case with a request to the High Court to decide the matter afresh on the merits and remand the matter back.

We make it very clear that we have not made any observation as to the merits of the case and disposing this matter only on technicality with the above request to the High Court.

Interim order granted by this Court on 15.10.2024 shall continue till the disposal of the appeal by the High Court.

With these observations, the present petition shall stand disposed of along with pending application(s), if any.