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2022 Supreme(All) 718

OM PRAKASH TRIPATHI
Oyas @ Avesh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Prakash Chandra Srivastava, Vishnu Prakash.

JUDGMENT :

OM PRAKASH TRIPATHI, J.

1. Heard learned counsel for the revisionist, learned A.G.A. for the State and also perused the record.

2. This criminal revision has been preferred by the revisionist against the order dated 18.04.2022 passed by Additional District and Sessions Judge, Court No. 8, District Allahabad in Sessions Trial No. 2297 of 2021 (State vs. Oyas @ Avesh), arising out of Case Crime No. 225 of 2014, under Sections 326-A, 504, 506 IPC, rejecting the discharge application of the revisionist under Section 227 Cr.P.C.

3. The main submission of the learned counsel for the revisionist is that prima facie charges under Section 326A IPC is not made out against the revisionist. There is no grievous injury on the body of the victim. From the perusal of prosecution papers, offence under Section 326A IPC is not disclosed. Injured ladies Smt. Gulshan Bano and Km. Reshma Bano were medically examined on 19.05.2014 at SRN Hospital, Allahabad by Dr. Nisar Ahmad at about 09:10 am and 09:20 pm, who were brought by their mother namely, Khusnuma. There is no permanent or partial damage or deformity to or burns or maims or disfigures or disables, any part or parts of the body, so charge

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