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HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Pawan Kumar Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Heard Shri R.R. Shukla, Advocate holding brief of Shri Dinesh Singh, learned counsel for the applicants and Shri Pankaj Kumar Tripathi, learned AGA for the State.
2. Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.
3. The relief which has been mentioned in the application is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present criminal application and quash the summoning order dated 28.05.2024 passed in Criminal Case No. 157 of 2024 for the offences under Section 354A, 504 and 506 Indian Penal Code pending before the Court of Civil Judge, Junior Division FTC/offences against woman, Mirzapur and also quash the further proceedings Criminal Case No. 157 of 2024 emanating from Charge Sheet dated 29.01.2024 arising out of Case Crime No. 369 of 2023, PS- Kotwali Chunar, Mirzapur, for the offences under Section 354A, 504 and 506 Indian Penal Code pending before the Court of Civil Judge, (Junior Division) FTC/offences against woman, Mirzap
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word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
In warrant trials not based on police reports, evidence must be led under Section 244 before considering discharge under Section 245 Cr.P.C.
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
At the stage of framing of charge, the court must prima facie consider whether there is sufficient ground for proceeding against the accused, without appreciating evidence for conviction.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
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