MOHD. AKALIM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/1984/2025 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126346 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126346 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28008 Court No. - 15 Case :- APPLICATION U/S 482 No. - 1984 of 2025 Applicant :- Mohd. Akalim Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Chandresh Mani Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Chandresh Mani Shukla, the learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned AGA for the State and perused the records.
2. Counter affidavit filed on behalf of the State is taken on record.
3. Although the office has reported that the notice issued to the opposite party no.2 has been served, the opposite party no. 2 has not put in appearance to oppose the application.
4. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged validity of the order dated 12.09.2023 passed by the Civil Judge (Senior Division)/FTC/Additional Chief Judicial Magistrate, Balrampur in Case No. 3456/23/21 arising out of Case Crime No. 8/2021, under Sections 420, 467, 468, 120B IPC & 3/4 PDPP Act, 1984, Police Station Sadullah Nagar, District Balrampur, whereby the application filed for discharge of the applicant has been rejected.
5. The learned counsel for the applicant has submitted that from a reading of the entire material, the applicant's guilt is not established. The trial court has rightly dealt with the
submissions of the applicant and has held that at the stage of
framing of charges, the court is only required to take into
consideration the material collected during investigation and in case a case for trial of the applicant is made out from that material, charges have to be framed against him and the applicant has to face the trial.
6. At this stage, the court cannot conduct a mini trial to find out whether the applicant is guilty or not.
7. Therefore, this Court is of the considered view that the learned trial court has not committed any error or illegality in rejecting the application for discharge.
8. The application lacks merit and the same is dismissed.
Order Date :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench