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Documents citing Jai Ram Lal Verma vs State Of U.P. Thru. C.B.I., A.C.B., Lko. on 5 December, 2022

Ram Lal Verma vs State Of U.P. And Anr. on 4 January, 2024

It is also submitted that the complainant filed a complaint on 15.12.2007 arraying the revisionist as opposite party No.4. After recording the statement under Sections 200 and 202 Cr.P.C, the trial court summoned the revisionist by order dated 15.06.2009 under Section 419, 420, 504 IPC. It is also submitted that no case is made out against the revisionist under Section 419, 420, 504 IPC as such on the perusal of the statement under Sections 200 and 202 Cr.P.C no ingredients has been found for cheating by impersonation. Thereafter trial court issued warrant against the applicant by order dated 08.09.2018. In the month of March, 2019 revisionist filed Criminal Misc. Case No. 1940 of 2019 (Ram Lal Verma Vs. State of U.P and others) against the summoning order dated 15.06.2009 in which the Hon'ble Court was pleased to pass the order dated 25.03.2019 and directed the learned trial court that the discharge application of the applicant shall be heard and decided expeditiously after hearing the parties in accordance with law. The revisionist filed application under Section 245 Cr.P.C and disclosed true material facts. Learned trial court rejected the application ignoring the fact that the allegation against the revisionist is groundless and the case of the revisionist is fully covered by Section 245 (2) Cr.P.C. It is also submitted that the learned trial court failed to appreciate that the proceedings under Section 245 (2) Cr.P.C is to be followed than the provisions provisions under Section 245(1) Cr.P.C. Section 245(2) Cr.P.C dealt with power of trial court discharging an accused even before evidence under Section 244 Cr.P.C is lead. Learned trial court failed to exercise its jurisdiction under Section 245 (1) Cr.P.C. It is submitted that the learned trial court has rejected the applicant even the case is fully covered by Section 245(2) Cr.P.C, hence it is prayed to set aside the impugned order.
Allahabad High Court Cites 28 - Cited by 0 - R Agarwal - Full Document
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