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2025 DAILYLAW 113397 (ALL)

CHITRAWATI v. STATE OF U.P. AND ANOTHER

A482/44639/2024 · 2025-02-14

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21765 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44639 of 2024 Applicant :- Chitrawati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelam Singh,Preet Pal Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Preet Pal Singh Rathore, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Chitrawati, 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 No. 175/2021 dated 17.10.2021 (Annexure No.l) and its cognizance order dated 2.12.2021 (Annexure No.2) taken by the A.C.J.M. Chandausi, Sambhal in Case No. 248/2024 (arising out from Case Crime No. 202 of 2021), under section 323, 504, 325, 308 I.P.C. Police Station Dhanari, District Sambhal as well as other entire proceedings of the aforesaid case pending in the Court of Civil Judge (S.D.)/ A.C.J.M. Chandausi, Sambhal. It is further prayed during the pendency of this application the further proceedings of the above noted case may kindly be stayed, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that applicants have 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 applicants could not overcome the same. 6. Having heard the learned counsel for applicants, 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 applicants 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 applicants to approach court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants 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 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad