Neutral Citation No. - 2025:AHC-LKO:37225 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1868 of 2025 Appellant :- Vishnu Dutt Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vineet Kumar Chaurasia Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Supplementary affidavit filed by learned counsel for the appellant is taken on record. Heard, Shri Vineet Kumar Chaurasia, learned counsel for the appellant and learned A.G.A. This Criminal Appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 27.03.2025 passed in Case No.55 of 2020, Computer Case No.206 of 2020, Crime No.263 of 2019, under Sections 323, 324, 504, 506 IPC and Section 3(1)Da and Dha of SC/ST Act, Police Station- Jahangirganj, District-Ambedkarnagar by the Special Judge, SC/ST Act, Ambedkarnagar, whereby the application for discharge under Section 239 Cr.P.C, moved by the appellant has been rejected. Learned counsel for the appellant submits that as per liberty granted by a Coordinate Bench of this court by means of order dated 21.12.2021 passed in Application under Section 482/378/407 No.5496 of 2021; Vishnu Dutt Mishra Versus State of U.P. and another, the appellant had moved an application for discharge on account of false implication of the appellant disclosing certain material in the application, but without considering the same the application of the appellant has been rejected. He further submits that during investigation also the appellant had provided certain CCTV footage to the Investigating Officer, which indicates that the appellant was not present on the spot, but the same has also not been considered. He also submits that the casteist remarks are not in public domain because no public person has been shown in the First Information Report. Thus the submission is that the impugned order is not sustainable in the eyes of law. Per contra, learned A.G.A. submits that the impugned order has rightly been passed in accordance with law because the First Information Report is corroborated by the medical report of the victim, which was conducted on the same date. The statement of the victim as well as the public were also recorded on the same date, who have also supported the version of the First Information Report, therefore, it cannot be said that the casteist remarks are not in public view. So far as the allegations regarding charge sheet are concerned the same has already been considered by a Coordinate Bench of this court in the aforesaid order as pointed out by learned counsel for the appellant and this Court found that no case for quashing of charge-sheet etc. is made out. He also submits that while considering the application for discharge the trial court has to consider the material placed on record and not plea or material produced by the accused, which cannot be considered at this stage. Thus the impugned order has rightly been passed in accordance with law. Having considered the submissions of learned counsel for the parties and on perusal of material placed on record, it is apparent that the challenge to charge sheet, summoning order as well as the proceedings of the case have already been refused by a Coordinate Bench of this court by means of order dated 21.12.2021 passed in Application under Section 482/378/407 No.5496 of 201; Vishnu Dutt Mishra Versus State of U.P. and another, therefore, the allegations in regard to filing of the charge sheet without considering any material is not sustainable. It is settled law that trial court has to consider the material placed on record, while considering the application for discharge and the material produced by the accused cannot be considered at this stage. The trial court, after considering the material on record, has rightly rejected the application for discharge and at this stage it cannot be said that the allegations are not tenable against the appellant as the injury report and the evidence of the independent witness is also on record. This court does not find any illegality or error in the findings recorded by the trial court. The appeal has been filed on misconceived and baseless grounds. The Criminal Appeal is, accordingly, dismissed. ......................................... (Rajnish Kumar,J.) Order Date :- 2.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench