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2025 DAILYLAW 112620 (ALL)

NAJRANA v. STATE OF U.P. AND ANOTHER

A482/44683/2024 · 2025-02-14

Rajeev Misra

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:21631 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44683 of 2024 Applicant :- Najrana Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajneesh Kumar Sharma,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Ms. Neesha Mishra, Advocate holding brief of Mr. Vinod Shankar Tripathi, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicant-Najrana, who is a charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: " It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge Sheet dated 12.04.2019 and cognizance order dated 02.07.2022 and as well as entire proceeding of (State v. Najrana) arising out of Case Crime No. 273 of 2018, Under Sections 307, 324, 504, 506 I.P.C., Police Station Kiratpur, District Bijnor, pending in the Court of Chief Judicial Magistrate, District Bijnor, so that justice may be done. And/or pass any such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case otherwise the applicant shall suffer an irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the statutory remedy available under Section 227 Cr.P.C. Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 482 Cr.P.C. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record this court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicant in support of this application can very well be examined by court below meticulously at the time of deciding the discharge application as court below has the advantage of having the original record. 7. Accordingly this application is disposed of finally with a direction to the applicant to approach court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment. 8. It goes without saying that till the disposal of discharge application as directed above, court below shall not proceed further with the matter. Order Date :- 14.2.2025/YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad