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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Baburam – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko – Respondent
| Table of Content |
|---|
| 1. factual background and procedural history of the discharge application. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 2. legal standards and judicial precedents governing discharge under section 227 cr.p.c. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 3. application of law to facts to determine grounds for discharge of specific accused. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 4. interaction between civil disputes and criminal prosecution. (Para 42 , 43 , 44) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Shikhar Anand, the learned counsel for the petitioners, Shri Jai Prakash, the learned A.G.A. and Sri. Dhirendra Kumar Mishra, the learned counsel for the opposite party No.2.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged the validity of an order dated 16.01.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 20, Sultanpur in Criminal Case No.7039 of 2023 arising out of Case Crime No.81 of 2019 under Section 457, 380 IPC, Police Station- Baldirai, District- Sultanpur whereby an application filed by
A Magistrate under Section 227 Cr.P.C. must judicially evaluate materials to determine if 'grave suspicion' exists against each accused, rather than acting as a mere conduit for the prosecution, espe....
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 court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
The main legal point established in the judgment is that the charge sheet and framing of charges must be justified based on the facts and legal interpretations provided by the Apex Court and other ju....
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.
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
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 ....
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