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2024 Supreme(All) 374

SURENDRA SINGH I
Bantu – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Kunwar Bhadur Dixit, Anurag Shukla.

JUDGMENT :

SURENDRA SINGH-I, J.

1. This criminal revision has been filed against the impugned order dated 13.02.2023 passed by learned Additional Sessions Judge/F.T.C. Court No. 1, Mainpuri in Sessions Trial No. 189 of 2022 (State vs. Bantu and another) arising out of Case Crime No. 16 of 2022, under Sections 376 and 120 B I.P.C. Police Station-Orchha, District-Mainpuri.

2. By the impugned order, the trial Court rejected the application of the revisionists under Section 227 Cr.P.C. for discharging them of the offence, under Sections 376 and 120B I.P.C.

3. It has been submitted by learned counsel for the revisionists that trial Court without considering the facts as well as evidence on record illegally or arbitrarily rejected the discharge application of the revisionists. While rejecting the application of the revisionists, trial Court has not apply its judicial mind or without considering the facts and evidence given in the application. It has also been submitted by learned counsel for the revisionists that informant/opposite party No. 2, namely, Nema Devi had lodged First Information Report against the revisionists-Ramveer Singh, Prem Narayan and Bantu on 23.02.2022 at about 7:04 P.M.

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