Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

The Supreme Court on Thursday (November 14) deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge.

A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Court posted the matter on January 10, 2024 and stayed the trial till then.

“This matter must go back, no consideration on merits. This has become a pattern in this Court. Refer to the contention and say that your remedy is to apply for discharge. High Court should have applied its mind. This is an easy formula adopted, day in and day out we see. This approach we deprecate. This is easiest method adopted by Allahabad High Court. We know that they are overburdened. In every matter, quashing petition they say you have remedy, apply for discharge. Discharge and quashing are completely different”, Justice Oka said.

The Allahabad High Court's order arose from an application under Section 482 of the CrPC filed by Ajay Agarwal challenging a Summoning Order dated October 30, 2023, issued by the Additional Chief Judicial Magistrate, Court No. 2, Bareilly. The Summoning Order pertains to a case under Sections 430, 467, 468, 471, 352, 504, and 506 of the IPC.

Before the Allahabad High Court, the complainant had raised a preliminary objection contending that since the applicant's anticipatory bail application was pending before the Supreme Court and interim protection from arrest had been granted, there was no immediate threat of arrest. It was argued that the application under Section 482 CrPC was therefore misconceived and that the applicant's appropriate remedy was to seek discharge before the trial court under Section 239 CrPC.

The High Court noted that the applicant did not overcome the objection raised by the first informant and found no grounds to intervene under Section 482 CrPC. However, it directed the applicant to move a discharge application under Section 239 CrPC. within two weeks, stipulating that if such an application is filed, the trial court would issue a reasoned decision within two months. The High Court also ordered that no further action would be taken against the applicant until the discharge application is decided.

Case no. – SLP(Crl) No. 13108/2024 

Case Title – Ajay Agarwal v. State of Uttar Pradesh