Accused Has Right To File Discharge Application Before Trial Court: Allahabad HC Refuses To Quash Criminal Proceedings Against Man

The Allahabad High Court observed that the applicant has the right to file a discharge application before the Trial Court while refusing to allow his plea to quash proceedings registered against him.

The Bench of Justice Rajiv Gupta said that “At this stage, this Court is not in a position to weigh the factual matrix of the case properly and accused has a right to file a discharge application before the trial court and the trial court may decide his discharge application, if there is no evidence against him.”

Senior Advocate G.S. Chaturvedi appeared for the applicant.

In this case, application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) was filed for quashing the proceedings for offences punishable under Sections 147, 332, 353, 336, 333, 427 of Indian Penal Code, 1860 (IPC), Section 7 of Criminal Law Amendment Act, and Section 3 of Prevention of Damage to Public Property Act, 1984.

The Counsel for the applicant submitted that no offence has been disclosed in the FIR and the case was instituted with a malafide intention for the purpose of harassment.

On the other hand, the counsel for the State submitted that on perusing the allegations made in the FIR and the material collected during investigation, prima facie offence was clearly made out against the applicant and as such, entire proceedings could not be quashed.

The High Court said that on perusing the material on record, it could not be said that no offence was made out, and all the submissions made at the bar related to the disputed question of facts, which could not be adjudicated upon by the Court under Section 482 CrPC.

“Moreover, the applicant had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 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.” said the Court.

Accordingly, the Court refused to quash the entire proceedings against the applicant.

The Court directed that in case the applicant files an application for discharge before the court within a period of two weeks, the same shall be considered and decided expeditiously within six weeks.

Cause Title- Randeep Singh Surjewala v. State of U.P. and Another

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