HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8834 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Samarth Gupta, Advocate and Sri Ajay Kumar, Advocate on behalf of the opposite party no.2 & 3 is taken on record. 2. The present application is filed with the prayer to quash the proceedings of Sessions Trial no.15 of 2025 arising out of Case Crime No.237 of 2022 under Sections 323, 324, 504, 506, 308 I.P.C., Police Station Rajesultanpur, District Amedkar Nagar. 3. Learned counsel for the applicant submits that learned court below rejected the discharge application in the most mechanical manner without examining the evidences collected by the Investigating Officer. He also submits that it was obligatory on the part of the learned court below to examine the statement of the witnesses recorded under Section 161 Cr.P.C. as well as medico legal report but in the present case, medico legal report does not corroborate with the prosecution story. He further submits that plea of alibi was also taken but same was not considered, therefore, indulgence of this Court is necessary. 4. Learned A.G.A. as well as learned counsel for the complainant oppose the prayer of the applicant and submit that after considering all the evidences collected by the Investigating Officer, the application Versus Counsel for Applicant(s) : Ramakar Shukla, Ravi Prakash Yadav Counsel for Opposite Party(s) : G.A. Ansh Singh @ Amrit Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) for discharge was decided by way of impugned order. He further submits that it is well settled that the defense of the cannot be considered at the discharge stage, therefore, there is no illegality in the order passed by the court below. He also relies on the decision of Hon'ble Apex Court in the case of Suraj Singh Ahlawat & Ors. Vs. State of U.P. & Ors. reported in (AIR) 2013 SC 52 and requested for dismissal of the present application. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that learned court below considered all the evidences collected by the Investigating Officer including the statement of the witnesses recorded under Section 161 Cr.P.C., medico legal report as well as site plan, etc. and the plea of alibi of accused cannot be considered at the stage of discharge, this can be considered at the appropriate stage during the course of trial, therefore, this Court is of the view that there is no illegality in the impugned order and the present application is liable to be dismissed. 6. Accordingly, in view of the above, the present application is dismissed. November 19, 2025 GauraV/- A482 No. 8834 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench