Gaurav Kumar Rathi v. State of U.P. and 2 Others

Court No. - 88 Case :- APPLICATION U/S 482 No. - 35255 of 2023 Applicant :- Gaurav Kumar Rathi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Surjit Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate for the State/opposite party no.1 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 03.10.2022, and proceedings of case no. 97818 of 2023 (State vs. Gaurav Kumar Rathi), arising out of case crime no.310 of 2022, under Sections 294, 354, 323, 504 and 506 I.P.C, Police Station-Bhelupur, District Varanasi pending in the court of Civil Judge (Junior Division)/ F.T.C-I, Varanasi.

¶3After 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.

¶4Learned 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.

¶5Accordingly the relief as sought by the applicant in the instant application is refused.

¶6However 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.

¶7With the aforesaid observations and direction, the application is disposed of. Order Date :- 18.10.2023 A Gautam High Court of Judicature at Allahabad