Shalu Singh vs State Of U.P. Thru. Secy. Home ...
2022 Latest Caselaw 8011 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4824 of 2022
 

 
Applicant :- Shalu Singh
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Sukh Deo Singh,Anamika Singh,Paritosh Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent.

2. Present petition under section 482 Cr.P.C. has been filed seeking quashing and setting aside of the Judgment and Order dated 06-06-2022 passed by the learned Additional Sessions Judge-14, Sultanpur in Sessions Trial No. 287 of 2022, whereby the learned trial court has rejected the application of the petitioner filed under section 227 Cr.P.C. for discharge.

3. Learned trial court has considered the allegations made in the F.I.R. and the statements of witnesses recorded under section 161 Cr.P.C., who have assigned specific role to the accused-petitioner during commission of the offence.

4. At the stage of framing of the charge/discharge, the trial court is not required to hold a mini trial. The court is required to consider only the evidence to the limited extent that as to whether the evidence and material available on record would raise grave suspicion about the commission of offence by the accused.

5. Considering the contents of the F.I.R. and the statements of the witnesses recorded under section 161 Cr.P.C. and also the aspect that there are injured witnesses, who have assigned the specific role to the present petitioner-accused,this court does not find that the learned trial court has committed any error of law or jurisdiction, which requires interference by this court in exercise of its jurisdiction under section 482 Cr.P.C. The present petition has no merit, which is hereby dismissed.

Order Date :- 25.7.2022

AKS