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2025 DAILYLAW 52128 (ALL)

MORPAL AND 5 OTHERS v. State of UP AND ANOTHER

CRLR/1895/2024 · 2025-05-18

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83187 Court No. - 85 Case :- CRIMINAL REVISION No. - 1895 of 2024 Revisionist :- Morpal and 5 others Opposite Party :- State of U.P. and another Counsel for Revisionist :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the applicant and learned A.G.A. 2. The applicant are accused in a State Case as well as a complaint case in relation to the same incident which occurred on 08.09.2020. The applicants have been released on bail in State Case registered at Case Crime No.247 of 2020 and they challenged the proceedings of complaint case by filing application under Section 482 Cr.P.C. numbered as 45678 of 2023 (Morpal and 5 others vs. State of U.P. and another) which was disposed by a Co- ordinate Bench of this Court on 21.12.2023 permitting the applicants to file an application seeking discharge. The interim protection was granted for one month restraining coercive action against the applicants. 3. Learned counsel for the applicants submits that in the discharge application, a specific ground was taken that in relation to the same incident, two parallel proceedings were going on and the applicants having been discharged on bail in State Case, they should be discharged in a complaint case, however, the court concerned has illegally rejected the application. 4. Per contra, learned A.G.A. submits that law recognizes institution of two parallel proceedings, one in the nature of State case and the other as a complaint case in relation to the same offence and by referring to Section 210(2) Cr.P.C., submission has been made that under such circumstances, joint trial can be ordered but institution of two parallel proceedings cannot be made a ground for discharge. 5. Learned counsel for the applicants submits that the applicants may be permitted to file an application under Section 210(2) Cr.P.C. and till then, the interim protection granted by this Court under the aforesaid order may continue, otherwise the applicants shall have to again apply for bail in the complaint case and shall be harassed. 6. Considering the peculiar facts and circumstances of the case, although this Court does not find any error in rejection of discharge application as the circumstances enumerated under Section 227 Cr.P.C. do not exist, nevertheless, it is a case where Section 210(2) can be invoked. 7. In view of the above, the revision is disposed of and without interfering with the order dated 27.02.2024, the applicants are permitted to move an application under Section 210(2) Cr.P.C. before the court concerned. 8. In case such an application is moved within a period of three weeks from today, the same shall be decided on merits by the end of July, 2025. 9. Till disposal of application under Section 210(2) Cr.P.C., interim protection granted by this Court under order dated 21.12.2023 passed in Application U/S 482 Cr.P.C. No. 45678 of 2023 (Morpal and 5 others vs. State of U.P. and another) shall continue. Order Date :- 19.5.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad