Bhola Alias Praveen vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3921 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- CRIMINAL REVISION No. - 109 of 2023
 

 
Revisionist :- Bhola Alias Praveen
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others
 
Counsel for Revisionist :- Awanish Kumar Bhatt,Rajeev Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for revisionist, Ms. Shikha Sinha, learned A.G.A. for the State and perused the material available on record.

By means of this revision, the revisionist has challenged judgment and order dated 13.12.2022 passed by learned Additional District & Sessions Judge, Court No. 16, Hardoi in Sessions Trial No. 772 of 2021 (State of U.P. Vs. Bhola alias Praveen) whereby application for discharge under Section 227 Cr.P.C. of the revisionist was rejected.

Learned counsel for revisionist has submitted that the trial court without appreciating the evidence available on record, has rejected the application for discharge under Section 227 Cr.P.C. of the revisionist. It is further submitted that the trial court did not apply its judicious mind while analyzing the police report and all the documents submitted under Section 173 Cr.P.C. No sexual assault was reported by the prosecutrix before the police while statement under Section 161 Cr.P.C. was recorded.

Ms. Shikha Sinha, learned A.G.A. for the State has submitted that judgment passed by the trial court is just and reasoned. The trial court after appreciating the evidence available on record has rightly passed the impugned order. The revision is liable to be dismissed.

Considering the overall aspects of the matter and after perusal of the record, I find no illegality or infirmity in the judgment and order passed by the trial court. The revision being devoid of merits is hereby dismissed at the admission stage.

Order Date :- 7.2.2023

Virendra