Allahabad High Court
Ram Kumar vs State Of U.P. And 4 Others on 23 January, 2020
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- MATTERS UNDER ARTICLE 227 No. - 342 of 2020 Petitioner :- Ram Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bal Mukund Singh,Anand Pratap Singh Counsel for Respondent :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State. Respondent no.2.
The present writ petition has been filed for setting aside the effect and operation of the order dated 09.07.2019 passed by the learned Additional District and Session Judge-I, Aligarh in the Criminal Revision No.433 of 2017 (Ram Kumar Vs. State of U.P. and others) and vide order dated 02.08.2017 passed by learned A.C.J.M-VI, Aligarh in Criminal Case No.806 of 2017 (State Vs. Prabha Kumari and others), under Sections 419, 420, 467, 468, 471 and 120-B I.P.C., P.S. Chharra, District Aligarh, by which the discharge application moved by the respondent was allowed and against which the revision was filed, which was also dismissed, hence the present writ petition has been filed.
The contention of learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Per contra learned A.G.A. has submitted that the impugned order is totally perfect and valid and there is no illegality in the impugned order.
After perusal of the record and considering the dispute between the parties, no infirmity or impropriety is apparent in the impugned order, it transpires that initially the first information report was lodged. Later on the complaint was filed and tried to implead the left over accused persons, which was rejected by both the courts below. No illegality or impropriety is seen in the impugned order.
The writ petition lacks merit and is accordingly, dismissed.
Order Date :- 23.1.2020 R./