Neutral Citation No. - 2025:AHC:12799 Court No. - 74 Case :- APPLICATION U/S 482 No. - 42543 of 2024 Applicant :- Pankaj Sachan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Trivedi,Adarsh Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the records. 2. While entertaining the instant application, this Court has passed the following order dated 08.01.2025 which is quoted herein below :- "1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. Learned AGA has filed a copy of the compliance affidavit, today in the Court, which is taken on record. Office is directed to proceed accordingly. 3. As per compliance affidavit no one was found at the address, therefore, notice has been affixed on the door of the house. 4. The solitary submission advanced by learned counsel for the applicant is that during the pendency of the discharge application dated 1.2.2019 under Section 227 Cr.P.C. learned court concern has framed charges vide order dated 23.11.2022 sans deciding the discharge application. 5. Learned Additional District and Sessions Judge/Special Judge SC/ST Act, Kanpur Dehat is hereby directed to submit a report with regard to the status of the discharge application dated 1.2.2019 filed on behalf of the accused, as to whether same is pending or decided. 6. The Registrar compliance is hereby directed to communicate the order of the date to the court concerned so that the compliance report may be filed on or before the next date fixed. 7. List this matter again as fresh on 23.1.2025." 3. In compliance of order dated 08.01.2025, learned Second Additional District and Sessions Judge, Special Judge, SC/ST Act, Ramabai Nagar, Kanpur Dehat has submitted report dated 16.01.2025 that he has taken the charge of the court concerned on 03.09.2024. Before that, charges have been framed on 23.11.2022, however, discharge application dated 01.02.2019 is still pending consideration inasmuch as there is no order relating to disposal of the discharge application dated 01.02.2019. As per report, normal dates are being fixed for the evidence. 4. Learned counsel for the applicant submits that, till date, no prosecution witness has been adduced and only to complete the formalities, dates are being fixed for the evidence. 5. In this conspectus, as above, I am of the view that order dated 23.11.2022, whereby charges have been framed against the accused, is nothing but abuse of process of law inasmuch as discharge application dated 01.02.2019 was pending consideration on the date of framing of charges. It is no more res integra that moving a discharge application is a legal right of the accused and for fair trial, it should be decided first before framing of charges. However, prima facie, it appears that learned Presiding Officer, at the relevant time, has inadvertently framed charges owing to lack of knowledge regarding the pendency of the discharge application. There is nothing on the record to demonstrate that present applicant or his counsel has brought fact to the knowledge of the court concerned at the relevant time qua pendency of the discharge application. 6. Be that as it may, there is no justification for framing of charges sans deciding the discharge application. 7. Resultantly, instant application under Section 482 CrPC succeeds and is allowed. Order impugned dated 23.11.2022 whereby charges have been framed by the court concerned is hereby quashed. Parties are relegated before the trial court concerned to get the discharge application decided. Learned court concerned is hereby directed to decide the discharge application dated 01.02.2019 pending consideration before him, in accordance with law, expeditiously, preferably, within a period of two months from today. After deciding the discharge application, further steps shall be taken by the learned court concerned, as required under the law. Order Date :- 23.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad