Petition under Article 226 challenged trial court orders rejecting discharge applications. Since charges were framed, the writ petition became infructuous and was dismissed.
The petition under Article 227 was dismissed as infructuous.
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Neutral Citation No. - 2023:AHC:144023
Court No. - 79
Case :- MATTERS UNDER ARTICLE 227 No. - 11422 of 2022
Petitioner :- Vinod Kumar Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Upendra Kumar Rai Counsel for Respondent :- G.A.,Prabhat Tripathi
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Upendra Kumar Rai, learned counsel for petitioners, Sri Prabhat Tripathi, learned counsel for respondent no.2 and learned AGA for the State- respondent no.1.
This petition under Article 227 of the Constitution of India has been filed by the petitioners for setting aside order dated 1.12.2022 passed by Sessions Judge, Jaunpur in Criminal Revision No. 220 of 2022(Vinod Kumar & others vs. State of U.P. & others) as well as order dated 23.9.2022 passed by Civil Judge(J.D.)/Crime Against Women/Judicial Magistrate, Court No.37, Jaunpur in Case No.1163 of 2017 (Rameshchand vs. Vinod Kumar & others) by which discharge application filed by the petitioners under Section 245(1) Cr.P.C. was rejected.
It is admitted fact that charges against the petitioners have been framed by the trial Court vide order dated 1.12.2022. Certified copy of order dated 1.12.2022 has been annexed as Annexure S.A.-2 to the supplementary affidavit filed on 5.1.2023.
Since the charges have already been framed, present petition challenging order of trial Court by which discharge application was rejected, has become infructuous.
The present petition under Article 227 of the Constitution of India is dismissed as infructuous.
Order Date :- 19.7.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
Vinod Kumar Singh
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
