Criminal revision challenging dismissal of discharge application in a trial under Section 305 IPC. The Court noted that trial had commenced with evidence of witnesses recorded, rendering the discharge prayer infructuous.
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Neutral Citation No. - 2024:AHC:168519
Court No. - 86
Case :- CRIMINAL REVISION No. - 2656 of 2024
Revisionist :- Anurag Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Daga,Vipul Raj Gautam Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the revisionist and learned AGA for the State.
Learned Incharge, Sessions Judge, Jhansi has filed status report of trial in S.T. No. 1219 of 2023 in complaince of order dated 20.9.2024 passed by this Court. It is stated in the status report that evidence of PW-2- Smt. Sangeeta has been recorded completely and case is fixed for recording rest evidence.
In the instant criminal revision the revisionist has assailed the impugned order dated 13.2.2024 passed by Sessions Judge, Jhansi in S.T. No. 1219 of 2023 (State vs. Anurag Yadav) under section 305 IPC whereby discharge application filed by the accused has been dismissed.
On perusal of status report it is obvious that trial has already commenced and recording of evidence is in progress inasmuch as two witnesses of fact has already been examined. As trial is already in progress, prayer for discharge has now become infructuous.
The revision is dismissed as having become infructuous. The trial court is directed to proceed with the case in accordance with law as expeditiously as possible. However, it is made clear that dismissal of present revision will not affect the merit of the case.
Order Date :- 22.10.2024 Dhirendra/
Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad
1 provisions across 1 enactments
Ram Manohar Narayan Mishra
As recorded by the court registry
2 orders share this CNR
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