Annu @ Amjad Ali and 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 28389 of 2023 Applicant :- Annu @ Amjad Ali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak Counsel for Opposite Party :- G.A.,Rakesh Kumar Dixit Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional

Government

Advocate

for

the State/opposite party no.1, learned counsel for opposite party no. 2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 07.12.2020 arising out of Case Crime No. 0899 of 2020, cognizance order dated 09.02.2022 and proceedings of Case No. 5422 of 2022 (State Vs. Rahisuddin @ Rahisu and others), under Sections 307, 506 IPC, Police Station Sahibabad, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad. After advancing some argument at length and putting certain query by the Court, learned counsel for the applicants submitted that since the applicants are already on bail in this case, therefore, they may be permitted to move discharge application before the court concerned raising their objections. Learned counsel for the applicants 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 applicants by means of this application at this stage. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to move discharge application, he has no objection. Accordingly, the relief as sought by the applicants in the instant application is refused. However, considering the above alternative prayer of the applicants, it is directed that in case the discharge application is moved by the applicants 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 :- 17.10.2023 Shubham High Court of Judicature at Allahabad