Renu Devi vs State Of U.P. And 4 Others
2023 Latest Caselaw 36240 ALL

Allahabad High Court

Renu Devi vs State Of U.P. And 4 Others on 21 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2023:AHC:241760
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 2586 of 2023
 

 
Revisionist :- Renu Devi
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Revisionist :- Ram Naresh Singh
 
Counsel for Opposite Party :- G.A.,Phool Singh Yadav,Vaibhav Yadav
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard learned counsel for the revisionist, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.

The instant criminal revision has been preferred against the impugned judgment and order dated 25.04.2023 passed by Additional Chief Judicial Magistrate, Court No. 1, Fatehpur in Complaint Case No. 249 of 2019 (Renu Devi Vs. Omkar and Others), under Sections 323, 452, 504 and 506(1) IPC, P.S.-Sultanpur Ghosh, District-Fatehpur.

The main submission of learned counsel for the revisionist is that opposite party Nos. 2 to 5 have been discharged by the learned Additional Chief Judicial Magistrate, Fatehpur despite summoning order dated 15.03.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Fatehpur. It has further been contended that said discharge application has been allowed on the oral statement of the counsel for the opposite party. No discharge application has been moved by the accused respondents.

Learned counsel for the revisionist has relied upon the decision of the Hon'ble Apex Court in Ajay kumar Ghose Vs. State of Jharkhand (2009) 0 SCC 497, where it has been observed that in exercise of power under Section 245 Cr.P.C., the accused can be discharged, if on taking all the evidences, the Magistrate considers for the reasons to be recorded that no case has been made out against the accused.

Per contra, learned counsel for the opposite parties asserted that even if it is specifically provided, no discharge application was moved as discussed above.

As in the instant case, the learned Trial Court after considering the statement of the witnesses has summoned the accused persons and there was sufficient material, despite that, on the basis of oral statements of the defense counsel, accused were discharged.

I hereby remit the matter back to the Trial Court to reconsider and pass a fresh order in the light of above.

Considering the aforesaid submission, the revision is disposed of.

Order Date :- 21.12.2023

Shivani