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2025 DAILYLAW 102928 (ALL)

BABLESH AND 3 OTHERS v. State of UP AND ANOTHER

CRLR/5122/2024 · 2025-04-29

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67378 Court No. - 82 Case :- CRIMINAL REVISION No. - 5122 of 2024 Revisionist :- Bablesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Namrata Shukla,Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the revisionists and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 12.09.2024 passed by the learned Additional Sessions Judge, Court No. 2, Firozabad in Sessions Case No. 1393 of 2023 ( State Vs. Bablesh and others) whereby, the application filed by the revisionists for their discharge, had been rejected. 3. Learned counsel appearing for the revisionists has argued that from the injury report available before the trial court, the offence punishable under Section 307 I.P.C. is not made out against the revisionists. Learned counsel appearing for the revisionists has further argued that the trial court, while passing the impugned order dated 12.09.2024, has not considered the issue that the injuries are not of such nature, which may constitute the offence punishable under Section 307 I.P.C. against the revisionists. 4. Learned Additional Government Advocate appearing for the State has argued that the solitary argument of the learned counsel appearing for the revisionists is that the offence punishable under Section 307 I.P.C. is not made out against the revisionists, therefore, he can raise the said issue before the trial court, at the time of framing of charges but the said argument, in noway, can be accepted by this Court and on that basis the revisionists can be completely discharged from the offences. 5. I have heard the arguments advanced by the learned counsel appearing for the parties and prima-facie, I find that solitary grievance of the revisionists is that as per the injury report available on record before the trial court, the offence punishable under Section 307 I.P.C. is not made out against the revisionists. This Court is of the view that the revisionists may take the said ground before the trial court, at the time of framing of the charges against them. 6. At this stage, no case for interference is made out. 7. Accordingly, this criminal revision lacks merit and is hereby dismissed. Order Date :- 30.4.2025 Gss Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad