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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Kallayya Pattadamath @ Akshay Pattadamath v. State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .And Another
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
2. By means of the instant criminal revision filed under Section 438 read with 442 B.N.S.S 2023, the revisionist is assailing the validity of the order dated 03.01.2026 passed by learned Special Chief Judicial Magistrate (Customs), Lucknow, in criminal case bearing W/S Case No. 121571 of 2025 (State of U.P. Vs. Baburao Sambhaji Maali and others) registered at Police Station Gosaignaj, District Lucknow, under Section 336(3), 338, 340(2) and 61(2) B.N.S an 66 D of I.T Act. By the impugned order, the learned trial court has framed charges against the revisionist under said penal sections. The revisionist has prayed to issue a direction to afford the revisionist an effective opportunity to prefer an application for discharge under section 262(1) of the B.N.S.S and to consider and decide the same in accordance with law.
3. Learned counsel for the revisionist submits that the informant in the present case lodged an FIR at the concerned Police Station on 30.06.2025 stating that he had received a message on his Facebook Messenger as well as on his WhatsAp
Framing charges without affording accused opportunity for discharge under BNSS Section 262(1), hearing, or legal aid to custodial accused violates mandatory procedure; order set aside and remanded.
The accused's submission at the stage of framing of charges is limited to the material produced by the prosecution, and the victim's testimony during trial cannot be considered at the stage of discha....
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.
The right of the accused to cross-examine witnesses before framing of charges is a valuable right, and the application of Section 245(2) Cr.P.C. for discharge should be considered in light of this ri....
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