Dismissed

Hardwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Allahabad HC19 Apr 2023/406/2023

Case brief

AI extract

What is this about?

In Criminal Revision, the High Court did not interfere with the trial court's order committing a case to sessions for trial based on a bifurcated finding of rape under IPC 376. While no interference was granted, the Court directed expeditious consideration of bail applications.

What did the court decide?

Revision dismissed with direction to grant bail expeditiously if applied for.

Hardwari Vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 15

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Case :- CRIMINAL REVISION No. - 406 of 2023

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Revisionist :- Hardwari

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Revisionist :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Sri Arun Singh Somvanshi, learned counsel for the revisionist, Sri Veer Raghav Chaubey, learned A.G.A. for the State and perused the entire record.

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The instant criminal revision has been filed by the revisionist for setting aside the judgment and order dated 23.01.2023 passed by the learned Civil Judge (S.D.)/ F.T.C., Lakhimpur Kheri in Case No.946 of 2017 titled as State vs. Hardwari Lal arising out of Case Crime No.72 of 1996, under Sections 147, 323, 504, 506 I.P.C., Police Station Mailani, District Lakhimpur Kheri whereby the learned trial court concerned has directed to commit the aforesaid case to the court of sessions for its trial.

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At the outset, learned counsel for the revisionist has very fairly submitted that he would not challenge the impugned order dated 23.01.2023, in case, the revisionist is given an option to seek bail, in accordance with law and having regard to the fact that he has already been enlarged on bail

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in same case crime number having regard to the averments made in the first information report in its entirety.

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Prayer made by learned counsel for the revisionist is not opposed by the learned A.G.A. for the State.

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Having heard the learned counsel for the revisionist, learned A.G.A. for the State and upon perusal of record, it transpires that by means of impugned order dated 23.01.2023, the learned trial court, in exercise of power vested in it under Section 323 Cr.P.C., has recorded a finding of fact that offence under Section 376 I.P.C. is also made out against the present revisionist. Therefore, it has directed to commit the case to the court of sessions for its trial, in accordance with law. Such order is based on the statements of the victim/ PW-1 and her son, PW-2.

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Thus, having regard to the entire facts and circumstances of this case, no illegality or irregularity appears in the impugned order dated 23.01.2023. Accordingly, no interference by this Court, at this stage, is warranted. Even otherwise, learned counsel for the revisionist has been unable to point out any such illegality or irregularity warranting interference by this Court, therefore, the revision lacks merit.

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However, it is needless to mention that if the revisionist applies for grant of bail, the court below shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble

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Supreme Court in Satender Kumar Antill vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 and Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2023 LiveLaw (SC) 233 and also having regard to the fact that the revisionist has already been granted bail in the same case crime number having regard to the averments made in the first information report in its entirety.

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With the aforesaid observations/ directions, the instant criminal revision is finally disposed of.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 19.4.2023 cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Hardwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

What is this about?

What did the court decide?

Hardwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Case brief

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What did the court decide?

What the court decided

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