Pancha Lodhi And Another vs State Of U.P. And Another
2022 Latest Caselaw 21674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL REVISION No. - 4960 of 2022
 

 
Revisionist :- Pancha Lodhi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Gunjan Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the revisionists and learned AGA for State- opposite party.

The present revision has been filed with the prayer to set aside the judgment and order dated 25.08.2022 passed by the Additional Sessions Judge, Court No. 4, Fatehpur in S.T. No. 593 of 2022, State v. Pancha Lodhi and others, arising out of Case Crime No. 0218 of 2021, under Sections 323, 504, 308 I.P.C., Police Station Kotwali, District Fatehpur pending in the Court of the Additional Sessions Judge, Court No. 4, Fatehpur and also to allow the discharge application moved on behalf of the revisionists.

Learned counsel for the revisionists submits that the discharge application moved by the revisionists was rejected by the court below on insufficient grounds. The revisionists have been falsely implicated and the entire proceedings are aimed at causing harassment to them.

On the other hand, learned AGA has opposed the revision and submitted that from the material on record, prima facie, case is made out against the revisionists. He submitted that there is no illegality in the impugned order.

It is well settled that while considering the discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. At this stage, a mini trial cannot be held and the court can sift and weigh the evidence for limited purpose of finding out whether or not a prima facie case against the accused is made out or not. Where material placed on record discloses suspicion against the accused, which has not been properly explained, the Court will be fully justified in rejecting the application for discharge.

In the instant case, in the alleged incident injuries have been sustained by the informant and his brother Devanand. The injury of Devanand is grievous in nature.

Learned Magistrate has taken into consideration the entire material on record and has rejected the application of the revisionists for discharge.

Considering the entire facts and circumstances of the case, no case to interfere with the impugned order is made out.

The instant revision lacks merit and is accordingly dismissed.

Order Date :- 19.12.2022

SKT/-