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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Padmakar Upadhyay – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Abdul Shahid, J.
1. Heard Sri Sheshadri Trivedi, learned counsel for the revisionist-complainant, learned AGA for the State as well as Sri Ashok Kumar Singh, learned counsel for opposite party Nos.2 to 6.
2. The revisionist/complainant has filed the present criminal revision being aggrieved by the impugned order dated 11.4.2025, passed by the learned Sessions Judge, Jaunpur, in Sessions Trial No.04 of 2025 (State vs. Subedar Singh and others), arising out of Case Crime No.18 of 2024, under Sections 147, 148, 323, 325, 307, 504, 506 of Indian Penal Code (IPC), Police Station Khutahan, District Jaunpur, whereby the Trial Court has discharged the opposite party Nos. 2 to 6 from the offence punishable under Sections 307 IPC.
3. The brief facts of the case is that FIR dated 20.1.2024 was registered as Case Crime no.18 of 2025, under Sections 395 IPC at Police Station Khutahan District Jaunpur. The FIR was lodged by the revisionist/complainant with the allegations with regard to the occurrence dated 19.1.2024 at 11.00 p.m. nominating the opposite party nos. 2 to 6 and one Arvind Singh with the narrative that in the night of 19.1.2024, when the revisionist was returning after getti
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 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....
The trial court's jurisdiction is limited, and it should not unduly interfere, and the exercise of revisional jurisdiction itself should not lead to injustice ex facie.
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 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 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....
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....
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