Subham Chaudhari @ Shivam Chaudhary v. State of U.P. Thru.Addl. Chief Secy. Home and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 10837 of 2023 Applicant :- Subham Chaudhari @ Shivam Chaudhary Opposite Party :- State Of U.P. Thru.Addl. Chief Secy. Home And Another Counsel for Applicant :- Gopesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State. The present petition has been filed for quashing charge sheet dated 19.5.2019, cognizance order dated 14.1.1022 and entire proceedings arising out of Crl. Case No.41995 of 2023 State vs. Neeraj Chaudhary and others as it relates to the applicant, pending in the court of IVth ACJM, Raebareli. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court. After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused. At this stage, learned counsel for the applicant submits that the applicant may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner. Accordingly, it is provided that in case, the applicant moves an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter. In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the applicants. With the aforesaid directions, this petition is finally disposed of. Order Date :- 3.11.2023 kkb/ High Court of Judicature at Allahabad, Lucknow Bench