Dismissed

Prem Narayan and Another v. State of U.P. and Another

Allahabad HC19 Aug 2019A227/5728/2019

Case brief

AI extract

What is this about?

This petition under Article 227 sought to set aside the order rejecting a discharge application and a criminal revision. The Court held that the prior application under Section 482 Cr.P.C. indicated no lack of prima facie evidence, and no illegality was found in the lower orders. The petition was dismissed as devoid of merits.

What did the court decide?

Petition dismissed; prayer to set aside the lower revisional order and discharge rejection order rejected.

Prem Narayan and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 73

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Case :- MATTERS UNDER ARTICLE 227 No. - 5728 of 2019

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Petitioner :- Prem Narayan And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the petitioners and learned AGA for the State.

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The present petition has been filed by the petitioners with the prayer to quash / set aside the judgement and order dated 30.05.2019 passed by Additional Sessions Judge, Court No. 4, Jhansi in Criminal Revision No. 225 of 2018 (Prem Narayan and another Vs. Smt. Raj Kumari and others) and order dated 09.10.2018 passed by Judicial Magistrate, Garautha, District Jhansi rejecting the discharge application of the revisionist under Section 245(2) Cr.P.C. in Complaint Case No. 15 of 2017 (Smt. Raj Kumari Vs. Prem Narayan and others), under Sections 354, 323, 504, 506 IPC, Police Station Todi Fatehpur, District Jhansi.

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Petitioners have approached before this Court earlier invoking jurisdiction under Section 482 Cr.P.C. challenging the summoning order. Application was disposed of directing the applicant to surrender before the court concerned.

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Learned counsel for the petitioners argued that applicants have obtained bail and thereafter they moved discharge application, which was illegally rejected without considering the facts of the present matter. A criminal revision was preferred, which was also dismissed on insufficient grounds. Present prosecution was started in counter-blast. Orders passed by the lower revisional court as well as concerned Magistrate on the discharge application are illegal. Thus, prayer was made to allow the petition and set aside the order passed by the lower revisional court as well as order passed on the discharge application.

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On the other hand, learned AGA opposed the prayer.

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In this matter, as is evident from the record, no evidence under Section 244 Cr.P.C. has been recorded till today. No new evidence was available before the concerned Magistrate at the time of passing order on the discharge application. This court in

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the application under Section 482 Cr.P.C. No. 36075 of 2017, it has clearly observed that " perusal of the record itself reflects that at this stage, it cannot be said that prima facie evidence is lacking for summoning the applicants under aforesaid sections of IPC. "

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If the observations recorded by this Court in the aforesaid application is taken into consideration in consonance with the submission raised by learned counsel for the petitioners as well as observations recorded by the lower revisional court and concerned Magistrate, no illegality, infirmity or perversity is found. Petition being devoid of merits is not liable to be admitted.

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Accordingly, the present petition is dismissed .

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Order Date :- 19.8.2019 Sanjeet

Prem Narayan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Prem Narayan and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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