Court dismissed an application under Section 482 Cr.P.C. seeking to quash the lower court's order rejecting a discharge application. The High Court held that the trial court did not commit any error and the application was not sustainable.
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.
Neutral Citation No. - 2024:AHC-LKO:46674
Court No. - 20
Case :- APPLICATION U/S 482 No. - 5089 of 2024
Applicant :- Subhash Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Govt. Lko. And And Another Counsel for Applicant :- Ashok Kumar Yadava,Abhaya Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
be adopted in such cases should be that if the entire evidence produced by the prosecution is to be believed would it constitute the offence or not. It is only at the stage of the trial that truthfulness, sufficiency and acceptability of the evidence can be adjudged. Therefore, it will not be proper to truncate or snip the proceeding at the stage of framing of charges against the applicant. The impugned order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant no interference by this Court.
Order Date :- 9.7.2024 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the High Court should interfere with the lower court's order rejecting the application for discharge filed under Section 227 Cr.P.C.
Whether the impugned order passed by the Sessions Judge suffers from any error of law, illegality, or perversity warranting intervention under Section 482 Cr.P.C.
2 provisions across 1 enactments
Subhash Yadav
State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Govt. Lko. And Another
Shekhar Kumar Yadav
As recorded by the court registry
3 orders share this CNR
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