Bharat Singh vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2025)

Bharat Singh vs State of Up and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Notice issued to Opposite Party No. 2, returnable within two weeks; matter directed to be listed on 2.5.2025 as fresh, in top ten cases; interim stay of the proceedings of Sessions Trial No. 578 of 2024 till the next date of listing, extension conditional upon the parties arguing the matter. Final disposal of the revision was not made in this order.

Issue for consideration

Whether there is any evidence available on record to connect the revisionist with the crime punishable under Section 302/34 I.P.C., so as to sustain the charge framed against him. +1 more

Court's answer

Prima facie, there appears to be no evidence available on record to connect the revisionist with the crime punishable under Section 302/34 I.P.C.; the matter requires consideration.

Ratio / Principle

Till the next date of listing, the proceedings of Sessions Trial No. 578 of 2024 (State Vs. Keshav & Anr.) shall remain stayed; the interim order will be extended on the next date only if the matter is argued by the parties' counsels.

Detailed headnote1 paragraphs

Criminal Revision No. 2174 of 2024 (Allahabad High Court, Manjive Shukla, J.; Order Date 15.4.2025): Revisionist Bharat Singh challenged the order dated 8.4.2024 of the Additional Sessions Judge, Court No. 5, Kanpur Dehat in Sessions Trial No. 578 of 2024 (State Vs. Keshav & Anr.) framing charges against him under Section 302/34 I.P.C. and Sections 29(9),30 of the Arms Act, 1959. Counsel for the revisionist argued the incident was one of 'Harsh Firing' with no evidence on record to charge him under Section 302/34 I.P.C.; the learned Additional Government Advocate sought two weeks' time for instructions. The Court observed that prima-facie there appears to be no evidence on record connecting the revisionist with the crime punishable under Section 302/34 I.P.C., held that the matter requires consideration, issued notice to Opposite Party No. 2 returnable within two weeks, listed the matter on 2.5.2025 as fresh in top ten cases, and stayed the trial proceedings till the next date, making clear that the interim order would be extended only if the matter is argued by the parties' counsels.

Court No. - 82

Case :- CRIMINAL REVISION No. - 2174 of 2024

Revisionist :- Bharat Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Lal Sahab Yadav,Shiv Kumar Gupta,Sr. Advocate

Counsel for Opposite Party :- G.A.

Hon'ble Manjive Shukla,J.

Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Shiv Kumar Gupta, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.

The instant criminal revision has been filed challenging therein, the order dated 8.4.2024 passed by the learned Additional Sessions Judge, Court No. 5, Kanpur Dehat in Sessions Trial No. 578 of 2024 (State Vs. Keshav & Anr.) whereby, the trial court had framed charges against the revisionist for the offences punishable under Section 302/34 I.P.C. and Sections 29(9),30 of the Arms Act, 1959.

Sri Anil Srivastava, learned Senior Advocate appearing for the revisionist has argued that the entire matter is related to an incident of 'Harsh Firing' and there is no evidence available on record, on the basis of which, the revisionist can be charged for an offence punishable under Section 302/34 I.P.C.

Learned Additional Government Advocate appearing for the State prays for two weeks time to take instructions in the matter, in respect of the evidence available against the revisionist for connecting him to a crime punishable under Section 302/34 I.P.C.

I have considered the arguments advanced by the learned counsel appearing for the revisionist and prima-facie, there appears to be no evidence available on record to connect the revisionist with the crime punishable under Section 302/34 I.P.C.

Matter requires consideration.

Issue notice to Opposite Party No. 2 returnable within two weeks.

List this matter on 2.5.2025 as fresh, in top ten cases.

It is provided that till the next date of listing, the proceedings of Sessions Trial No. 578 of 2024 (State Vs. Keshav & Anr.), pending in the court of learned Additional Sessions Judge, Court No. 5, Kanpur Dehat, shall remain stayed.

It is made clear that on the next date, this interim order would be extended only when the matter is argued by the parties' counsels.

Order Date :- 15.4.2025 Gaurav

Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad