Sanjay Agarwal @ Sanju @ Mental vs State Of U.P. And Another
2023 Latest Caselaw 15000 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:103503
 
Court No. - 70
 

 
Case :- CRIMINAL REVISION No. - 1346 of 2023
 

 
Revisionist :- Sanjay Agarwal @ Sanju @ Mental
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Prateek Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr. Prateek Kumar, learned counsel for the revisionist, learned A.G.A. for the State and perused the material available on record.

2. This revision has been filed against the impugned judgment and order dated 18.01.2023 passed by learned Chief Judicial Magistrate, Firozabad in Case No.25 of 1997, under Section 302 IPC, Police Station Narkhi, District Firozabad by whch the application under Section 239 Cr.P.C. was rejected.

3. Submission of learned counsel for the revisionist is that earlier the revisionist has filed Criminal Misc. Application u/s 482 Cr.P.C. No.33473 of 2022 before this Court and this Court vide order dated 22.11.2022 disposed of the said application with liberty to the revisionist to file discharge application before the court below. In compliance of order passed by this Court, the revisionist has moved discharge application on 02.12.2022, which was rejected by the court below vide order dated 18.01.2023 on the ground of maintainability ignoring the dictum of law that discharge application must be rejected by a detailed and reasoned order. Further submission is that the revisionist is falsely implicated on the basis of statement of co-accused and the court court below acquitted the revisionist while considering the evidence produced by the revisionist but the courts below without considering above aspects and without recording any finding with regard to the involvement of the revisionist in the present incident, rejected the discharge application of the revisionist, hence, the impugned order is liable to be set aside.

4. Per contra, learned AGA vehemently opposed the contention raised by learned counsel for the revisionist.

5. After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons. The impugned order does not suffer from any, illegality, infirmity or jurisdictional error and is based upon relevant considerations and supported by cogent reasons, hence, requires no interference by this Court.

6. The revision lacks merit and the same is hereby dismissed. It is, accordingly, dismissed at this stage.

Order Date :- 12.5.2023

Ajeet