Opin and Another vs State of U.P. and Another

This criminal revision has been filed with a prayer to allow the present revision and set aside the impugned discharge rejection order dated 16.02.2026 passed by learned Second Additional Session Judge, Gautam Buddha Nagar in Session Trial No. 884 of 2025 (State Versus Opin and Others) having Case Crime No. 326 of 2023 under Sections 323, 506, 307, 452, 325 I.P.C., Police Station Jewar, District Gautam Buddha Nagar.

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It is submitted by learned counsel for the revisionists that in this case discharge application filed by the revisionist was rejected by the learned trial court. He further submits that the nature of injuries were not likely to cause death of the injured but they were on non vital parts of the body. He also submits that from the nature of injuries no offence under Section 307 I.P.C. can be said to be made out even though after investigation charge sheet was filed by the I.O. under Section 307 I.P.C. and the learned trial court has also dismissed the application for discharge by order dated 16.02.2026 without considering the nature of injuries. In this way, the order passed by the learned trial court is illegal and erroneous, therefore, request to set aside the order passed by the learned trial court dated 16.02.2026 and allow the present revision.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 16.02.2026, it appears that though the F.I.R. was lodged under Section 323, 506 I.P.C. and after examination of injuries on the person of the injured, the I.O. added

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CRLR No. 2950 of 2026

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2

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Sections 452, 307, 325 I.P.C. The offence was found to be established on the basis of material collected during the course of investigation by the I.O. on which the charge sheet was filed by him. The medical report as annexed by the revisionist and is on record shows that there were six injuries on the person of the injured in the nature of lacerated wound and swelling. The injured was taken to Kailash hospital and thereafter he was taken to government hospital and then referred to Safdarganj hospital where he was provided treatment. The doctor has also stated that in this case if proper treatment had not been provided to the injured he would have died which shows the gravity of the offence. The injured has made statement before the I.O. that with the intention of causing his death the accused persons made assault on him with iron rods and inflicted injuries. He was taken to the hospital where he was provided treatment. At the stage of framing of charge, the learned trial court is expected to make scrutiny of the material with a view to find out prima facie case and no standard of scrutiny may be as is required during trial. Even charge can be framed mere on grave suspicion for the offence under Section 307 I.P.C. intention of the accused is to be seen not the nature of the injuries though the nature of injuries may infer the intention.

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The learned trial court has passed the order in question after considering the material on record in proper manner. There appears no any illegality or impropriety in the order passed by the learned trial court dated 16.02.2026 but this revision being devoid of merit is liable to be dismissed.

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Accordingly, this revision is dismissed at the admission stage itself.

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May 7, 2026 Suraj Srivastav

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(Subhash Chandra Sharma,J.)

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Opin and Another v. State of U.P. and Another

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Opin and Another v. State of U.P. and Another

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