Allahabad High Court
Ashok Kumar @ Ram Milan vs State Of U.P. Thru. Prin. Secy. Home, ... on 10 April, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 29 Case :- CRIMINAL REVISION No. - 351 of 2023 Revisionist :- Ashok Kumar @ Ram Milan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Revisionist :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the revisionist and learned A.G.A for the State.
The present revision has been preferred against the order dated 04.03.2023 passed by the learned Special Judge (E.C. Act), Raibareilly in Sessions Trial No. 1670 of 2022 State Vs. Ashok Kumar @ Ram Milan, Police Station Deeh District Raibareili.
It is submitted by the learned counsel for the revisionist that the revisionist has been falsely implicated in the instant case. The implication of the revisionist took place after one and a half month of the alleged incident which shows that it is an afterthought. The deceased committed suicide on account of depression. However learned trial court has failed to consider the aforesaid aspect of the matter and rejected the application for discharged moved by the revisionist in cyclostyle and cursory manner.
Learned A.G.A on the other hand has opposed the prayer for rejection of the order dated 04.03.2023 and submitted that the name of the revisionist came to light in the suicide note of the deceased. A specific allegation tempting the deceased to commit suicide has been levelled against the applicant.
Considered the submissions advanced and perused the record.
It appears that there are sufficient evidence on record to frame charge against the revisionist. At the time of framing of charge appreciation of evidence or truthfulness of witness are not to be appreciated. Charge is to be framed on the basis of evidence collected during investigation and Court has to analyze whether prima facie evidence exists for framing of charge. Learned trial court perused the case diary and evidence on record and found that specific allegation are made against the applicant in suicidal note.
Thus, this Court does not see any irregularity, illegality or perversity in the impugned order dated 04.03.2023, hence the revision is liable to be dismissed at this stage.
The revision is accordingly dismissed.
The revisionist is directed to appear before the trial court and co-operate in the trial.
(Renu Agarwal,J.) Order Date :- 10.4.2023 Nadeem