Bharat Yadav vs The State Of U.P. And Another
2015 Latest Caselaw 510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 22
 

 
Case :- CRIMINAL REVISION No. - 1625 of 2015
 

 
Revisionist :- Bharat Yadav
 
Opposite Party :- The State Of U.P. And Another
 
Counsel for Revisionist :- Rupak Chaubey
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the revisionist and the learned A.G.A. for the State.

By way of instant revision, the revisionist has prayed for quashing the order dated 6.2.2015  passed by the Additional Sessions Judge, Court No. 7, Varanasi, in S.T. No. 394 of 2014 arising out of case crime no. 128 of 2012, under section 379, 411 I.P.C. Police Station Ram Nagar, district Varanasi, rejecting the discharge application moved by the revisionist.

Learned counsel for the revisionist submits that no recovery  was made either from the possession of the revisionist  or on his pointing out. The revisionist was not involved in the commission  of the offence. There is no iota of evidence against the revisionist for connecting him with the offence. The learned Magistrate has not taken into consideration the true facts of the case and rejected the discharge application vide impugned order, which is erroneous and illegal.

I have considered the submissions advanced on behalf of both the parties.

A perusal of the impugned order reflects that  there are certain facts in respect of vehicle of the applicant used for commission of theft attracting inter alia  the provisions of Section 379 I.P.C. hence the impugned order dated 6.2.2015  rejecting discharge application is fully justified and does not call for any interference in exercise of revisional powers. The revision lacks merit and is dismissed as such at the admission stage.

Order Date :- 14.5.2015

Iss/