Allahabad High Court
Suraj @ Suresh Chand vs State Of U.P. And Another on 8 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- MATTERS UNDER ARTICLE 227 No. - 3278 of 2022 Petitioner :- Suraj @ Suresh Chand Respondent :- State of U.P. and Another Counsel for Petitioner :- Yogesh Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Yogesh Kumar Tripathi, learned counsel for the petitioner, Sri Arvind Kumar learned AGA for the State and perused the record of the case.
By way of the present petition, the petitioner has made a prayer to set-aside the order dated 25.2.2022 passed by Additional Sessions Judge, Court Room No.3, Amroha in Criminal Revision No.115 of 2021 and order dated 15.11.2021 in Complaint Case No. 1407 of 2018 under Sections 5(1)(a) and 6(a), 23 and 25 Pre-conception & Pre-Natal Diagnostics Techniques (PC & PNDT), Act, 1994 and Section 120-B IPC, Police Station Hasanpur, District Amroha.
Learned counsel for the petitioner submitted that petitioner has been made accused in the complaint filed by respondent no.2, the CMO and after recording the statement of complainant under Section 244 Cr.P.C., petitioner filed discharge application and the trial court by way of impugned order dated 15.11.2021 dismissed his discharge application and when he preferred a revision against the order dated 15.11.2021 then revisional court also dismissed his revision and thereafter, he challenged both the orders by way of present petition before this Court.
From the perusal of the record, it appears that after the statement of the complainant under Section 244 Cr.P.C., an application for discharge was moved by the petitioner but surprisingly evidence recorded under Section 244 Cr.P.C. has not been filed. In the absence of the statement recorded under Section 244 Cr.P.C. it is not possible for this Court to appreciate the argument advanced by the learned counsel for the petitioner.
As petitioner did not file necessary document along with the instant petition, therefore, the present petition filed by the petitioner is devoid of merit and is, accordingly, dismissed.
Order Date :- 8.7.2022 SKM