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Synopsis

The Supreme Court recently took exception to an order passed by the Allahabad High Court rejecting a plea to quash criminal proceedings in a case while suggesting the accused to raise his contention before the trial court in a discharge application.

"This court has repeatedly held that the scope of inquiry in discharge application is limited and no document which is not a part of the charge sheet can be considered at that stage," a bench of Justices Abhay S Oka and K V Vishwanathan said.

The appellant, Ajay Agrawal filed a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing charge-sheet filed under Sections 430, 467, 468, 471, 352, 504, 506 of the Indian Penal Code, 1860.

By the impugned order, the high court had dismissed the petition without considering the merits of the case made out in the petition under Section 482 of the CrPC.

The high court had simply observed that the appellant could raise all contentions while arguing discharge application, the court noted.

"As the High Court has not considered the case of the appellant on merits, we set aside the impugned order of August 20, 2024 and restore application under Section 482 of the CrPC to the file of the High Court," the bench said.

The court ordered the restored petition would be listed before the Roster Bench on February 17, 2025. The parties who are represented before this court should be under an obligation to appear on that day and no further notice shall be served to them, the bench said.

"All questions are left open to be decided by the High Court," the court clarified.

The court also said the interim relief granted by the apex court on November 14, 2024, will continue to operate till further orders are passed by the High Court.

The court directed for sending a copy of the present order by the Registry to the Registrar (Judicial) of the High Court of Judicature of Uttar Pradesh at Allahabad who will ensure that the application is listed before the Roster Bench.

The court thus partly allowed the appeal filed against the High Court's order of August 20, 2024.

Case Title: Ajay Agarwal Vs State of Uttar Pradesh & Anr