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SURENDRA SINGH I
Hrishikesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SURENDRA SINGH-I, J.
1. Heard Sri Vimal Kumar Pandey, learned counsel for the revisionists, Sri Rajneesh Kumar Singh, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. This criminal revision has been filed against the impugned order dated 16.11.2022 passed by Sessions Court, Kushi Nagar at Padrauna in Sessions Trial No. 772 of 2021 arising out of Case Crime No. 1247 of 2015 u/s 323 & 308 I.P.C. Police Station-Kotwali Padrauna, District-Kushi Nagar.
3. By the impugned order, the trial court rejected the application of the revisionists u/s 227 Cr.P.C. for discharging them of the offence.
4. The facts relating to the case in brief is that the informant Ram Chandra Kushwaha s/o Late Shiv Shankar, on being summoned by the Gram Sewak, Devendra Mishra, reached District Headquarter with his son Mithilesh. When he reached there, Gram Sewak, Devendra Mishra, accused Hrishikesh, Ajay and Pankaj started making enquiry about the work done in the village. The accused assaulted them with rod, lathi and danda causing head injury to them. Due to the assault of the accused, tension spread in the village. The accused are violent and criminal in nature. On the bas
The court determined that at the discharge stage, only a prima facie case is considered, and sufficient evidence of grievous injury justified framing charges under attempted murder.
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
At the stage of framing of the charge, the accused has no right to produce any material, and the trial court has to apply its judicial mind to the facts of the case to determine whether a case has be....
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
Point of Law : Once charges have been framed, the issue of discharge becomes redundant, as Courts have no jurisdiction to allow discharge after charges having been framed.
At the stage of considering an application for discharge, the court must proceed on the assumption that the material brought on record by the prosecution is true and evaluate the material to determin....
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
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