Criminal revision filed against rejection of discharge application in rape and criminal conspiracy case. Single judge dismissed the revision, finding no illegality in impugned order.
Revision dismissed.
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Court No. - 66
Case :- CRIMINAL REVISION No. - 13 of 2020
Revisionist :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shweta Srivastava,Alok Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the revisionist and learned AGA.
The present criminal revision has been filed against the judgment and order dated 4.10.2019 passed by Additional Session Judge, Court no. 9, Kanpur Nagar in S.T. No. 283 of 2019 (State vs. Amit Kumar) arising out of Case Crime no. 1246 of 2018, u/s 376, 506 IPC, P.S. Chakeri, District Kanpur Nagar by discharge application filed by the revisionist has been rejected.
I may record that the charges have already been framed against the revisionist for offence u/s 376, 506 IPC thereafter discharge application has been filed on the ground of certain material improvement and inconsistency that very initiation of proceedings smacks of malafide. Learned Judge has rightly observed placing reliance on the settled law laid down by Hon'ble the Apex Court that stage of framing of charge even on the basis of grave suspicion charge can be framed, however, in the present case prosecutrix has levelled allegation of sexual assault on her and therefore, I do not find any illegality in the impugned order dated 4.10.2019. Besides it, the order whereby charges have been framed ,have not been challenged nor same has been appended with the present revision.
The revision is bereft of merit and the same is accordingly dismissed.
Order Date :- 9.1.2020 Dhirendra/
1 issue framed by the court
Whether the criminal revision against the rejection of discharge application has any merit.
Amit Kumar
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
