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.