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IPC 498A discharge under Section 239 or 227/228/245 Cr.P.C

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

Court No. – 14

Case :- U/S 482/378/407 No. – 510 of 2020

Applicant :- Saurabh Yadav

Opposite Party :- State Of U.P. & Anr.

Counsel for Applicant :- Abhishek Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner and learned Counsel appearing for the State.

The present petition under Section 482 Cr.P.C., has been filed to quash the charge-sheet dated 05.08.2019, under Sections 498A, 323, 504 IPC & Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Faizabad (Ayodhya), cognizance and summoning order dated 01.10.2019 as also the entire proceedings of Case No.2262 of 2019 (State vs. Saurabh Yadav & Ors.).

The contention of the counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Learned Counsel 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 petitioner has got a right of discharge under Section 239 or 227/228/245 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 application, the prayer for quashing the proceedings of the aforementioned case is refused.

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However, it is provided that in case, the petitioner Saurabh Yadav moves an appropriate application for discharge through counsel before the concerned Court below within a period of 15 days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned court below preferably within a period of two months.

No coercive action shall be taken against the petitioner for the next 15 days from today which benefit shall extend for further two months or disposal of the discharge application, whichever is earlier, only if the petitioner moves the said application within 15 days from today.

In case no such application is filed within a period of 15 days from today, as prescribed above, the present order shall stand automatically vacated.

With the aforesaid directions, this petition is disposed of.

Order Date :- 28.1.2020

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