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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY KUMAR-II
Asim Raza Khan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
2. The instant criminal revision under Section 438/442 of BNSS has been filed with a prayer to set-aside the order dated 22.09.2025 passed by the learned Chief Judicial Magistrate, Moradabad in Criminal Case No. 59452 of 2022, State of U.P. vs. Asim Raza Khan, arising out of Case Crime No. 738 of 2022, under Sections 406 and 506 IPC, Police Station Civil Lines, District Moradabad, rejecting the discharge application filed by the revisionist and order dated 13.10.2025 passed by Chief Judicial Magistrate, Moradabad in Case No. 11218 of 2022, State vs. Asim Raza Khan, arising out of Case Crime No. 738 of 2022, under Sections 406 and 506 IPC, Police Station Civil Lines, District Moradabad, whereby charge has been framed against the revisionist.
3. Brief facts of the case is that the informant lodged a first information report against the revisionist by presenting written report to S.S.P., Moradabad. As per the FIR, the revisionist was a friend of husband of informant, who called upon her husband in his office and stated that he (revisionist) is in the business of
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....
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.
A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
The rejection of a discharge application is valid when a prima facie case exists based on the police report, regardless of subsequent exoneration in departmental inquiries.
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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