Babu Haleem and Another v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 32725 of 2023 Applicant :- Babu Haleem And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Pandey,Guru Prasad Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the materials available on record. By means of this application under Section 482 of the Code of Criminal Procedure, the applicants have invoked the inherent jurisdiction of this Court for quashing of the charge-sheet dated 01.02.2023, cognizance order dated 04.02.2023 as well as entire proceedings of Criminal Case No. 673 of 2023 (State Vs. Satya Narayan and others) arising out of Case Crime No. 192 of 2022, under Sections 419, 420, 467, 468, 471, 447, 120B IPC, Police Station Paschim Shareera, District Kaushambi pending in the Court of Judicial Magistrate, Kaushambi. After advancing some argument at length, learned counsel for the applicants submitted that since the applicants are already on bail in this case, therefore, they may be permitted to move a discharge application before the court concerned raising their objection. Learned counsel for the applicants also submitted that he is not pressing any further relief as claimed by applicants by means of this application. 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. In view of the above, considering the request 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 observation, the application is disposed of. Order Date :- 16.11.2023 Shubham High Court of Judicature at Allahabad