Sunil Kumar Diwakar v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court; 482 Cr.P.C. application rejected; quashing sought of CJM Agra order dated 29.04.2024 rejecting discharge application under Section 239 Cr.P.C.; Case Crime No.1211 of 2017; Sections 147, 148, 323, 504, 506, 427 and 452 IPC; P.S. Sikandara, District Agra; prima facie offence at charge stage; trial court relied on Captain Manjeet Singh Virdi (Retd.) vs. Husain Mohmmed Shattaf (SC, decided 18.05.2023); applicant Sunil Kumar Diwakar; counsel Vipin Chandra Pandey; G.A./A.G.A. for State; Justice Deepak Verma; Court No. 84; Neutral Citation 2025:AHC:52870; Order Date 10.4.2025.
What did the court decide?
On perusal of the F.I.R., the evidence collected during investigation and the findings recorded by the C.J.M., a prima facie offence is made out against the applicant, and the impugned order dated 29.04.2024 passed by the Chief Judicial Magistrate, Agra is just and proper.