Ajay Agarwal vs State Of Uttar Pradesh on 10 January, 2025

Supreme Court – Daily Orders

Ajay Agarwal vs State Of Uttar Pradesh on 10 January, 2025

Author: Abhay S. Oka

Bench: Abhay S. Oka

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                                      IN THE SUPREME COURT OF INDIA
                                     CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL APPEAL NO._______/2025
                         [@ SPECIAL LEAVE PETITION (CRIMINAL) NO.13108/2024

                AJAY AGARWAL                                                APPELLANT(S)

                                                  VERSUS

                STATE OF UTTAR PRADESH & ANR.                              RESPONDENT(S)

                                                 O R D E R

1. Leave granted.

2. Heard learned counsel appearing for the parties.

3. The appellant filed a petition under Section 482 of

the Code of Criminal Procedure, 1973 (for short, ‘the

Cr.P.C.’) for quashing charge-sheet filed under Sections

430, 467, 468, 471, 352, 504, 506 of the Indian Penal Code,

1860.

4. By the impugned order, the High Court has dismissed

the petition without considering the merits of the case

made out in the petition under Section 482 of the Cr.P.C.

The High Court has simply observed that the appellant can

raise all contentions while arguing 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
Signature Not Verified

Digitally signed by

stage.

KAVITA PAHUJA

Date: 2025.01.17
17:05:03 IST
Reason:

5. As the High Court has not considered the case of the
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appellant on merits, we set aside the impugned order dated

20th August, 2024 and restore application under Section 482

of the Cr.P.C. to the file of the High Court. The restored

petition shall be listed before the Roster Bench on 17th

February, 2025. The parties who are represented today

before this Court shall be under an obligation to appear on

that day and no further notice shall be served to them.

6. All questions are left open to be decided by the High

Court.

7. Interim relief granted by this Court on 14 th November,

2024 will continue to operate till further orders are

passed by the High Court.

8. A copy of this order shall be forwarded 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.

9. The appeal is partly allowed on above terms.

10. Pending application(s), if any, shall stand disposed

of.

……………………..J.
(ABHAY S.OKA)

……………………..J.
(K.V. VISWANATHAN)
NEW DELHI;

JANUARY 10, 2025.

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ITEM NO.36                 COURT NO.5              SECTION II

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.)      No.13108/2024

[Arising out of impugned final judgment and order dated
20-08-2024 in A482 No. 5623/2024 passed by the High Court
of Judicature at Allahabad]

AJAY AGARWAL Petitioner(s)

VERSUS

STATE OF UTTAR PRADESH & ANR. Respondent(s)

Date : 10-01-2025 This petition was called on for hearing
today.

CORAM :

HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) Mr. Gaurav, AOR
Mr. Ravi Bhushan, Adv.

Mr. Shaurya Krishna, Adv.
Mr. Amit Garg, Adv.

Mr. Gaurav Srivastava, Adv.

For Respondent(s) Mr. Sanjai Kumar Pathak, AOR
Mr. Ankur Sharma, Adv.

Mrs. Nidhi A. Sharma, Adv.
Mrs. Shashi Pathak, Adv.
Mr. Arvind Kumar Tripathi, Adv.

UPON hearing the counsel the Court made the following
O R D E R

Leave granted.

The appeal is partly allowed in terms of the signed
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order.

Pending application(s), if any, shall stand disposed

of.

(KAVITA PAHUJA)                             (AVGV RAMU)
   AR-cum-PS                             COURT MASTER (NSH)

[Signed order is placed on the file]