Ashok Singh vs State Of U.P. And Another
2023 Latest Caselaw 12971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- CRIMINAL REVISION No. - 1287 of 2023
 
Revisionist :- Ashok Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Harish Chandra Singh,Siddharth Niranjan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Dharampal Singh, the learned Senior Counsel assisted by Mr. Harish Chandra Singh, the learned counsel for revisionist and the learned AGA for State.

Perused the record.

This criminal revision has been filed challenging the order dated 06.09.2022 passed by Chief Judicial Magistrate, Fatehpur, in case No. 7927 of 2018 (State vs. Ashok Singh) under Sections 419 and 420 I.P.C. whereby, the discharge application filed by the revisionist in terms of Section 239 Cr.P.C. has been rejected.

At the very outset, the learned AGA submits that court below while rejecting the discharge application filed by revisionist has recorded a finding that prima facie offence under Sections 419 and 420 I.P.C. is made out against applicant. In view of the said finding the claim for discharge is not tenable. Moreover, the view taken by the Magistrate is in-confirmity with the three Judges Bench judgment of the Supreme Court in Tarun Jit Tejpal vs. State of Goa & Another(2020) 17 SCC 556. As such, no interference is warranted by this Court in exercise of jurisdiction under Section 401 Cr.P.C.

When confronted with above, the learned Senior Counsel could not overcome the same.

As a result present criminal revision fails and is liable to be dismissed.

It is accordingly, dismissed.

Order Date :- 26.4.2023/Ruhi