Dev Nath Singh & 3 Others v. State Of U.P. & Another

Court No. - 50

Case :- CRIMINAL REVISION No. - 2856 of 2016

Revisionist :- Dev Nath Singh & 3 Others Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Lal Behari Yadav Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the revisionists and learned A.G.A.

Present revision has been filed against the order dated 6.7.2016 passed by Additional Sessions Judge/Fast Track Court No. 2, Mau in S.T. No. 26 of 2016 (State Versus Sangram Singh and others) in Case Crime No. 535 of 2015 under Sections 302, 307, 324, 506 IPC, Police Station Sarain Lakhansi, district Mau rejecting the discharge application of the revisionist.

Submission of learned counsel for the revisionists is that the injuries do not support the prosecution version and as such the revisionists were liable to be discharged. Learned counsel for the revisionists has heavily relied upon the injury report and the manner in which the incident had taken place and that the occurrence of the incident is highly doubtful and that none of the evidence available on record supports the prosecution version and as such the revisionists were liable to be discharged.

Per-contra, learned A.G.A. has supported the impugned order.

I have perused the impugned order dated 6.7.2016 and record of the case.

I find that at this stage the court below has correctly observed that at this stage only prima-facie case is to be seen in the light of the judgment of the Hon'ble Apex Court in the case of Amit Kapoor Vs. Ramesh Chander (2012) 9 SCC 406 and I do not find any legal infirmity in the order impugned herein.

This revision is, accordingly, dismissed.

Order Date :- 16.9.2016 p.s.