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HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR SINGH
Amir @ Jamir Ahmad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Mayank Chandra, learned counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. appearing for the State respondents.
2. Present application has been filed for quashing the impugned order dated 14.8.2024 passed by learned Additional Sessions Judge / FTC-II, Prayagraj as well as charges framing order dated 12.9.2024 in Session Trial No. 2554 of 2023 (State of U.P. vs. Aamir) arising out of Case Crime No. 372 of 2019, under Section 307 IPC, Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Shankargarh, District Prayagraj. Further prayer has been made seeking stay of the aforesaid case.
3. Learned Senior Counsel for the applicant submitted that the first information report of the present case was lodged on 12.12.2019 under Section 307 IPC, Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960 as Case Crime No. 372 of 2019 at Police Station Shankargarh, District Prayagraj. It is alleged in the first information report that on 12.12.
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
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....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
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....
At the charge framing stage, the trial court must establish a prima facie case based on the prosecution's evidence without detailed scrutiny, ensuring a reasoned decision.
At the charge framing stage, the court must determine if a prima facie case exists based solely on the prosecution's evidence, without conducting a detailed trial.
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.
Discharge from criminal case – If on the basis of materials on record, court could come to conclusion that commission of offence is a probable consequence, case for framing of charge exists.
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