Raj Kishor Singh v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 26487 of 2023 Applicant :- Raj Kishor Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Tiwari,Amit Tiwari,Devbrat Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional

Government

Advocate

for

the State/opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 23.02.2023, summoning order dated

15.03.2023 and proceedings of case no. 786 of 2023 (State vs. Shyamu and others) arising out of case crime no. 05 of 2023, under Section 3 RP (U.P.) Act and Section 147 of Railway Act, Outpost R.P.F., Kanpur Central, District Kanpur Nagar pending in the court of Additional Chief Judicial Magistrate (Railway), Allahabad. After advancing some argument at length and putting certain query by the Court, learned counsel for the applicant submitted that since the applicant is already on bail in this case, therefore, he may be permitted to move a discharge application before the court concerned raising his objections. Learned counsel for the applicant also submits that moving a discharge application before the concerned trial Court is a legal / statutory right of the accused, therefore he is not pressing any further relief as claimed by applicant by means of this application at this stage. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to move discharge application, he has no objection. Accordingly the relief as sought by the applicant in the instant application is refused. However considering the above alternative prayer of the applicant, it is directed that in case the discharge application is moved by the applicant before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law. With the aforesaid observations and direction, the application is disposed of. Order Date :- 12.10.2023 Saurabh High Court of Judicature at Allahabad