Sachin v. State of U.P

Court No. - 88 Case :- APPLICATION U/S 482 No. - 42401 of 2023 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P. and perused the materials available on record.

¶2By means of this application under section 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the order dated 27.10.2023, order dated

25.10.2023 passed by Additional Session Judge, Court No. 11, Moradabad in Session Trial No. 14 of 2015 (State Vs. Suraj and others) arising out of Case Crime No. 355 of 2014, under Section 412 I.P.C., Police Station Mainather, District Moradabad.

¶3After advancing some argument at length, 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 objection. Learned counsel for the applicant also submitted that he is not pressing any further relief as claimed by the applicant by means of this application.

¶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.

¶6In view of the above, considering the request 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 observation, the application is disposed of. Order Date :- 12.12.2023 Kashifa High Court of Judicature at Allahabad