MANOJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLR/641/2025 · 2025-07-17
Rajnish Kumar
body2025
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[ 2025 DAILYLAW 144123 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144123 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40933 Court No. - 12 Case :- CRIMINAL REVISION No. - 641 of 2025 Revisionist :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Shikhar Deep Singh,Bhavya Prakash Shukla,Premkant,Vipin Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Sri Shikhar Deep Singh, learned counsel for the revisionist and learned A.G.A. The revisionist has filed this revision assailing the order dated 06.05.2025 passed by the learned Addl. District & Sessions Judge/FTC Court-2nd, Lucknow, in Sessions Trial No. 315 of 2025, State v. Manoj Kumar, arising out of Case Crime No. 103/24 under Sections 376, 323, 427, 504 and 506, I.P.C., by which application of the revisionist for discharge has been rejected.
Learned counsel for the revisionist submits that the application for discharge filed by the revisionist/applicant has been rejected without considering the material placed on record and the contradictions in the statement of the victim under Sections 161 and 164, Cr.P.C., therefore, the same is not sustainable in law. Learned A.G.A. opposed the submissions of the learned counsel for the revisionist. Having considered the submissions of the learned counsel for the parties and the material placed on record of this revision it is apparent that the statements under Section 161 and 164, Cr.P.C. cannot be said to contradictory, even if there are minor differences. Any contention or material or evidence placed on record by the accused cannot be considered at the stage of consideration of application for discharge and at this stage only the material placed on record by the prosecution is to be considered. The trial court has passed the impugned order by a reasoned and speaking order, which does not call for any interference by this court. This revision is accordingly dismissed. (Rajnish Kumar, J.)
Order Date :- 17.7.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench