Revision dismissed as discharge application loses efficacy once charges are framed. Court rejected application to quash rejection of discharge petition filed after framing of charges in criminal trial.
Revision dismissed due to lack of merit as charges had already been framed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- CRIMINAL REVISION No. - 970 of 2022
Revisionist :- Brijesh Kumar Alias Bantu Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- Dinesh Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned A.G.A. and perused the record.
This is the revision assailing the legality and validity of the order dated 3.1.2022, whereby learned Additional Sessions Judge/Fast Track Court, Agra has rejected the discharge application of the revisionist.
From the impugned order itself, it is clear that the charges have already been framed and the 17.1.2022 is the date fixed for laying the evidence. It is settled principle of law that once the charges have been framed, the discharge application loses its efÏcacy.
Accordingly, the present revision lacks merit and is dismissed.
Order Date :- 1.4.2022
Sumaira
Digitally signed by SUMAIRA AQUIL Date: 2022.04.05 12:06:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the revision challenging the rejection of discharge application is maintainable post-framing of charges.
State Of U.P.
Another
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
