Ashok Kumar Sharma v. State of U.P. and 3 Others
Case brief
What is this about?
Keywords: Criminal Revision 721 of 2025; 2025:AHC:33033; High Court of Judicature at Allahabad; Manjive Shukla J.; discharge under Section 227/239 Cr.P.C.; prima facie satisfaction at discharge stage; no detailed scrutiny of evidence at discharge; Section 354(A) IPC; Section 11(i)/12 P.O.C.S.O. Act; F.I.R. No. 0426 dated 3.09.2022 Police Station Transport Nagar Meerut; Sessions Trial No. 115 of 2023; Case Crime No. 426 of 2022; variance between Section 161 and Section 164 statements of victim; Nirmal Prem Kumar v. State (SC) distinguished; B.V. Ram Kumar v. State of Telengana (SC) distinguished; Chief Proctor Jaswant Nagar Sugar Mill School Maliyana; sexually offending language and blackmail allegation; revision dismissed 07.3.2025.
What did the court decide?
At the stage of exercise of power under Section 227/239 Cr.P.C., the trial court has to look into the evidence collected by the Investigating Officer and, if prima facie satisfied that the offence is made out against the accused, it would refuse to discharge the accused.