Court No. - 83
Case :- APPLICATION U/S 482 No. - 13530 of 2021 Applicant :- Museem Imran @ Mohammad Emaran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mir Syed, Advocate, holding brief of Mr. Matiur Rehman Khan, learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed challenging charge sheet No. 0077 of 2020, dated 13.06.2020 submitted in Case Crime No. 0047 of 2020, under Section 295- A IPC and Section 67 Information Technology (Amendment) Act, 2008, P.S. Ubhaon, District Ballia, Cognizance Taking Order/Summoning Order dated 23.09.2020 passed by Judicial Magistrate, Ist, Ballia, in consequential criminal case No. 0566 of 2020 (State of U.P. Vs. Museem Imran and another), arising out of above mentioned case crime number as well as entire proceedings of above mentioned criminal case and now pending in the Court of Judicial Magistrate, Ist, Ballia.
Learned counsel for applicant contends that applicant is innocent. Applicant has been falsely implicated in above mentioned Case Crime number. Allegations made in F.I.R. are false and concocted. No offence under Section 295 -A IPC is made out against applicant as per allegations made in F.I.R. It is also brought to the notice of Court that on the material collected by Investigating Officer during course of investigation, no conviction of applicant is possible under Section 295-A I.P.C. and Section 67 Information Technology Act. In short, the submission is that there is no evidence against applicant. It is thus urged that present criminal proceedings are not only malicious, but also an abuse of process of Court. Consequently, same are liable to be quashed by this Court.
Per contra, learned A.G.A. has opposed this application. Learned A.G.A. contends that in view of submission urged by learned counsel for applicants, remedy of applicant lies before Court below by moving a discharge application in terms of Section 239 Cr. P. C. before Court below itself.
Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of material brought on record, this Court finds that no useful purpose shall be served by keeping this application pending. Interest of justice shall be served in case applicant is directed to approach Court below by moving a discharge application under Section 239 Cr. P. C.
Accordingly, present application is disposed of by directing applicant to file a discharge application in terms of Section 239 Cr. P. C. before Court below along with a certified copy/computer generated copy of this order by means of notary affidavit within a period of 10 days from today.
In case, discharge application is filed within aforesaid time period, Court below shall decide the same by a reasoned and speaking order within two months thereafter.
For a period of two months or till the disposal of discharge application filed by applicant, whichever is earlier, no coercive action shall be taken against applicant.
With the aforesaid direction, this application is disposed of.
Order Date :- 27.9.2021 HSM