Dismissed¶19

Alim and Another v. State of Up and Another

Allahabad HC23 Sept 2025CRLR/896/2024

Case brief

AI extract

What is this about?

criminal revision dismissed; discharge application rejected; A.C.J.M. 1st Saharanpur; Complaint Case No. 756 of 2021; Sections 420, 471, 468, 120-B, 323, 504, 506 IPC; parallel Civil Suit No. 308 of 2020; prior Application U/s 482 Cr.P.C No. 12877 of 2023 (order dated 12.04.2023); detailed and speaking order; factual controversies for trial court; opportunity to cross-examine prosecution witnesses; no interference warranted; Harvir Singh, J.

What did the court decide?

The learned A.C.J.M. 1st Saharanpur passed a detailed and speaking order on the discharge application after taking into consideration the factual controversies involved in the matter, and the revisionists will have another opportunity to defend their case during trial and to cross-examine the prosecution witnesses. ¶17

Alim and Another vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 896 of 2024

Alim And Another

.....Revisionist(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Ashok Kumar Singh Bais
Counsel for Opposite Party(s)	: G.A., Mohd. Aslam
Court No.- 90

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HON'BLE HARVIR SINGH, J.

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Heard learned counsel for the revisionists, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the material on record.

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The instant revision has been filed against the order dated 12.01.2024, by which the discharge application of the revisionists has been dismissed by the learned A.C.J.M. 1st Saharanpur in Complaint Case No. 756 of 2021, Under Sections 420, 471, 468, 120-B, 323, 504 and 506 IPC, Police Station Kotwali Dehat, District Saharanpur.

¶10

Learned counsel for the revisionists has submitted that the dispute between the parties is purely a civil nature and to that extent some civil litigations is also pending between the parties and Civil Suit bearing No. 308 of 2020 has been filed between the parties prior to the filing of present revision. The revisionists has also filed an Application U/s. 482 Cr.P.C No. 12877 of 2023 by which the revisionists were directed to move a discharge application before the concerned learned A.C.J.M., and after hearing the parties the learned A.C.J.M. 1st Saharanpur has passed the order dated 12.01.2024. Learned counsel for the revisionists has further submitted that opposite party No. 2 is having some criminal history and, therefore, has arrested the revisionists one way or the other. Learned counsel for the revisionists has next submitted that no criminality whatsoever has been made out in the said complaint, pending for disposal before the learned A.C.J.M. 1st Saharanpur.

¶11

Per Contra, learned counsel appearing on behalf of the opposite party No. 2 has submitted that revisionists are land grabbers (Bhumafia) and indulging into nefarious activities by grabbing the land of poor and innocent farmers. Learned counsel for the opposite party No. 2 has further submitted that the prayer of the revisionists is defective, as much as, they earlier moved an Application U/s. 482 Cr.P.C. and sought prayer for quashing and setting aside the summoning order and again in the present revision the same prayer for quashing and setting aside the summoning order is being sought, besides

¶12

CRLR No. 896 of 2024

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setting aside the order passed on discharge application dated 12.01.2024. Learned counsel for the opposite party No. 2 has lastly prayed that the present revision is liable to be dismissed.

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Having regard to the contentions raised on behalf of the parties and perusal of order dated 12.01.2024 reveals that the learned A.C.J.M. 1st Saharanpur has passed a detailed and speaking order. Moreover, the coordinate Bench of this Court vide order dated 12.04.2023 passed in Application U/s. 482 Cr.P.C No. 12877 of 2023, has observed as follows in paragraph 6:

¶16

"After having heard learned counsels for the parties and perusing the records, it is evident that there are number of factual controversies involved in the matter, which could be well appreciated only by the trial court. Since the applicants are not bailed out as yet, they shall appear before the trial court concerned within 15 days from today and move an application u/s 88 Cr.P.C. The trial court, after ensuring the presence of the applicants, shall release them with or without sureties. Said application shall be decided within 15 days thereafter. Thereafter, the applicants shall move an application seeking discharge u/s 227/239 Cr.P.C., which would be heard and decided by the concerned court within six weeks from its filing by a well reasoned order after hearing learned counsel for the State."

¶17

Since the learned A.C.J.M. 1st Saharanpur has passed a detailed and speaking order by taking into consideration the factual controversies involved in the matter. Revisionists will have another opportunity to defend their case during the course of trial and will have further opportunity to cross examine the prosecution witnesses.

¶18

In the circumstances, no interference is being called for by this Court in respect of the order dated 12.01.2024 passed by learned A.C.J.M. 1st Saharanpur.

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The present revision is devoid of merit and is accordingly dismissed .

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October 15, 2025 Vikram

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(Harvir Singh,J.)

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Alim and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Alim and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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