Neutral Citation No. - 2023:AHC:101607

Court No. - 90

Case :- CRIMINAL REVISION No. - 5177 of 2022

Revisionist :- Akash Nagar

Opposite Party :- State Of U.P. And 3 Others

Counsel for Revisionist :- Akhilesh

Counsel for Opposite Party :- G.A.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard Sri Akhilesh, learned counsel for the revisionist and learned

AGA for the State.

None is present on behalf of opposite party no.2 although notice

has been served.

This criminal revision has been filed against the order dated

09.11.2022 passed by Additional District & Sessions Judge/

(POCSO) Court no.1 Aligarh in S.S.T. No.220 of 2020 (State Vs.

Akash Nagar) under Sections 354, 323 I.P.C. and Sections 7/8

POCSO Act, arising out of Case Crime No.88 of 2019, P.S. Gandhi

Park, District- Aligarh. By the impugned order, the learned trial

Court has farmed charges against the revisionist-accused.

The learned counsel for the revisionist contended that the F.I.R. of

this case was lodged by Mahipal Singh who is father of the victim

and he is not an eye-witness of the incident. The victim in her

statement recorded under Section 164 Cr.P.C. has not supported

the allegations of the F.I.R.. The victim has categorically stated

that she has gone on her own will and the accused has not

committed any indecent act or molested her. So, there is no

sufficient evidence against the revisionist-accused but the learned

trial Court, by the impugned order, has framed charge against the

revisionist-accused. The impugned order has been passed without

appreciation of evidence and material available on record and is

arbitrary and illegal.

Learned AGA for the State submitted that there is no illegality in

the impugned order.

Perusal of the impugned order reveals that no specific ground of

discharge has been claimed before the trial Court. The trial Court

has not considered the grounds available at the time of framing of

charge. In these circumstances, it will be appropriate to direct the

revisionist to move a proper discharge application before the trial

Court assailing all the grounds available to him. The learned trial

Court after giving opportunity of hearing to the parties pass a

reasoned order in respect of framing of charge.

From the aforesaid observations, the revision is allowed and the

order dated 09.11.2022 is set aside. The revisionist may file

discharge application before the trial Court within a period of two

weeks. If any discharge application is filed before the trial Court

within a period of two weeks, the learned trial Court shall, after

providing opportunity of hearing to the parties, pass reasoned

order on it.

The connected Application u/s 482 No.18595 of 2020 is delinked

from this case.

Order Date :- 11.5.2023

SP/-

Digitally signed by :-

SANDEEP PAL

High Court of Judicature at Allahabad

Digitally signed by :-

SANDEEP PAL

High Court of Judicature at Allahabad