Dismissed¶13

Suresh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC1 Sept 2025A482/7219/2025

Case brief

AI extract

What is this about?

S.482 Cr.P.C. — dismissal of application challenging rejection of discharge application; eyewitness P.W. 1 identified accused in torchlight after chasing robbers; robbery-cum-fatal assault of intervening night 29/30.08.2006; prima facie case disclosed; no interference warranted; trial court order dated 25.07.2025 upheld; Allahabad High Court Lucknow Bench; Ajay Bhanot, J.; decided 01.09.2025; Application U/S 482 No. - 7219 of 2025 (Suresh v. State Of U.P. Thru. Prin. Secy. Home And Another).

What did the court decide?

A prima facie case is clearly disclosed against the applicant from the statement of P.W. 1 made before the trial court. ¶9

Suresh Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 7219 of 2025

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Suresh

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		.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home And Another	Lko.	.....Opposite Party(s)
Counsel for Applicant(s) :	Km.	Neelam Singh
Counsel for Opposite Party(s) :	G.A.

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Court No. - 15

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HON'BLE AJAY BHANOT, J.

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Shri R.S. Dwivedi, learned counsel for the applicant submits that by the impugned order dated 25.07.2025 the trial court has rejected the discharge application filed by the applicant.

¶8

The learned trial court while rejecting the discharge application has noticed the testimony of P.W. 1 during the course of the trial proceedings where the P.W. 1 has deposed that the incident occurred in the intervening night of 29.08.2006-30.08.2006 at about 2:30 AM. The P.W. 1 had chased the persons who had committed robbery. He clearly identified them in the torch light. The applicant was named as one of the persons who had assaulted the deceased and inflicted fatal injuries to him causing his death.

¶9

A prima facie case is clearly disclosed against the applicant from the statement of P.W. 1 made before the trial court.

¶10

No cause for interference in the impugned order dated

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A482 No. 7219 of 2025

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25.07.2025 is made out. The application under Section 482 Cr.P.C. is dismissed.

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September 1, 2025

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