Dismissed

Shivmangal @ Mangli @ Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC1 Mar 2024/652/2024

Case brief

AI extract

What is this about?

In Criminal Appeal No. 652 of 2024, the Allahabad High Court dismissed the appellant's appeal seeking to quash an order passing charges. The court held that since no discharge application was filed despite mechanical framing of charges, there was no illegality, and the remedy of discharge was not sought.

What the court decided

AI extract

Shivmangal @ Mangli @ Shravan Kumar Vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:19046

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 652 of 2024 Appellant :- Shivmangal @ Mangli @ Shravan Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Kaushal Kishore Tewari Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the impugned order dated 09.02.2024 passed by learned Special Judge, SC/ST Act, Sitapur in Sessions Trial No.237/2020 in Case Crime No.222/2020 under Section 376, 323, 504, 506 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S. Khairabad, District- Sitapur.

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Learned counsel for the appellant submitted that appellant was falsely implicated in the present case. He further submitted that the charge sheet has been filed by the Investigating Officer in the most mechanical manner and trial court also failed to appreciate the evidences collected by the Investigating Officer and framed charges including the sections in which no offence is made out, thereafter, application under Section 216 Cr.P.C. was filed but the same was also rejected in the most mechanical manner, therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. opposed the prayer of appellant and submitted that in case, no offence is made out then the remedy is available to the accused for moving discharge application at the appropriate stage but in the present case, trial court has categorically observed that no discharge application was filed, therefore, there is no illegality in the order passed by trial court.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; it is evident that the charges were framed by the trial court and no discharge application was filed by the appellant, thereafter, trial was proceed, in the meantime, application under Section 216 Cr.P.C. was filed for alteration of charges framed against the appellant. As in case, no offence is made out then there is remedy to file discharge application but in the present case, no such application has been filed, in such circumstances, this Court is

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of the view that there is no illegality in the order passed by the trial court, therefore, the present appeal is liable to be dismissed.

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Accordingly, the present appeal is, hereby, dismissed.

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Order Date :- 1.3.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Shivmangal @ Mangli @ Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What the court decided

Shivmangal @ Mangli @ Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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What the court decided

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