Dismissed

Lakhvindar Singh and Another v. State of U.P. and Another

Allahabad HC2 Feb 2022A227/7909/2021

Case brief

AI extract

What is this about?

Judicial Magistrate and Special Judge discharged petitioners for cheating and forgery; however, petitioners challenged the discharge and subsequent revision order under Article 227. Court held no good grounds exist for interference under Article 227 and dismissed petition.

What did the court decide?

Petition dismissed as it lacks merit and no good grounds exist for interference with impugned orders.

Lakhvindar Singh and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 49

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Case :- MATTERS UNDER ARTICLE 227 No. - 7909 of 2021

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Petitioner :- Lakhvindar Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Gautam Chowdhary,J.

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The present petition under Article 227 of the Constitution of India has been filed for setting aside the order dated 27.11.2019 passed by learned Judicial Magistrate, Powayan, District Shahjahanpur in Misc. Case No. 1293 of 2010 (State Vs. Lakhvinder and others), arising out of Case Crime No. 636 of 2010 under Sections 420, 467, 468, 470, 471 I.P.C. Police Station Banda, District Shahjahanpur, whereby discharge application filed by the petitioners has been rejected as well as to set aside the Judgement and order dated 18.09.2021 passed by learned Special Judge (SC/ST Act), Court No.2, District Shahjahanpur in Criminal Revision No. 249 of 2019 (Lakhwinder Singh Vs. State of U.P. and others) whereby revision filed against the order dated 27.11.2019 has also been rejected.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material on record.

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Learned counsel for the petitioners submits that the dispute is purely of civil nature which has been dragged into criminal prosecution of the petitioners. He further submits that the petitioners filed a discharge application which was rejected against which revision was filed, which too was dismissed by the learned revisional Court in an arbitrary manner. He next submits that the impugned orders are illegal, arbitrary and therefore the same is liable to be set aside by this Court.

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Per contra, learned A.G.A. has opposed the petition and argued that in view of the allegations made in the impugned F.I.R. as well as charge sheet and material on record, a prima facie case is made out and thus the discharge application was rightly rejected by the trial Court, which was rightly upheld by the learned revisional Court hence the impugned orders are perfectly legal, just and proper and are not liable to be quashed.

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After hearing the learned counsel for the petitioners, learned A.G.A. and after perusing the impugned orders, this Court is of the opinion, that learned counsel for the petitioner could not

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point out any good ground for setting aside the impugned orders, which may call for any interference by this Court in exercise of supervisory powers conferred under Article 227 of the Constitution of India.

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Accordingly, the instant petition lacks merit and is dismissed. Order Date :- 2.2.2022 S.Ali

Lakhvindar Singh and Another v. State of U.P. and Another

Case brief

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Lakhvindar Singh and Another v. State of U.P. and Another

Case brief

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What the court decided

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