Himalaya vs State Of U.P. And Another
2022 Latest Caselaw 4131 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 325 of 2022
 

 
Revisionist :- Himalaya
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Shashi Dhar Shukla
 
Counsel for Opposite Party :- G.A.,Mahendra Pratap Tiwari
 

 
Hon'ble Shamim Ahmed,J.

Heard learned counsel for the revisionist, Sri Sanjay Kumar Singh learned AGA for the State and Sri Vishwajeet Mishra, holding brief of Sri Mahendra Pratap Singh, learned counsel for opposite party no.2.

This revision has been filed against the order dated 25.11.2021 passed by VII Addl. Sessions Judge Basti in ST No.728 of 2021 relating to case crime no.43 of 2021 u/s 376, 504, 506 IPC PS Harraiya District Basti by which the discharge application 7Kha dated 16.8.2021 filed under Section 227/228 CrPC has been rejected.

I have gone through the impugned judgment and order passed by the court below. The court below has considered the entire evidence available on record as also the statement of the victim recorded under Section 161 and 164 CrPC and statement of the informant and the case law cited by the parties concerned.

After hearing the learned counsel for the parties and after perusal of the record, I do not find any illegality or infirmity in the impugned order. I find that the court below has rightly rejected the discharge application filed by the revisionist.

From perusal of the impugned order it appears that the revisionist just wants to linger on the trial by moving applications before the court below and he is not interested to contest the case on merits.

In view of the above, the revision lacks merit and is accordingly dismissed.

Order Date :- 25.5.2022

SP