Neutral Citation No. - 2025:AHC:69035 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4079 of 2025 Petitioner :- Rizwan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent, and perused the record. 2. The present writ petition has been filed seeking quashing of the impugned order dated 06.11.2023 passed by the learned Chief Judicial Magistrate, Chandauli, whereby the discharge application of the petitioners was rejected, as well as the order dated 06.01.2025 passed by the learned Sessions Judge, Chandauli, by which the criminal revision filed by the petitioners against the said rejection order was also dismissed. These orders pertain to Criminal Case No. 25547 of 2021, arising out of Case Crime No. 28 of 2021, registered under Sections 147, 323, 452, 504, and 506 of the IPC, at Police Station Mughalsarai, District Chandauli. 3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated, and that one of the petitioners was admitted to a hospital at the time of the alleged incident- a fact which, was not properly investigated by the police. It is further submitted that the FIR does not mention the specific time of the alleged offence, and that the charge sheet does not disclose the essential ingredients of the offence under Section 452 IPC. It is argued that both the trial court and the revisional court failed to properly appreciate these contentions and thereby committed an error in law in dismissing the discharge application and the revision petition. 4. Upon consideration of the submissions made and perusal of the record, this Court finds that the grounds urged by the petitioners raise disputed questions of fact that can only be adjudicated upon during the trial. Allegations such as the claimed alibi and the absence of specific time in the FIR are matters requiring evidence and cross-examination and cannot be conclusively addressed at the pre-trial stage. 5. Moreover, the question as to whether the offence under Section 452 IPC is made out constitutes a mixed question of law and fact, which is to be considered by the trial court at the appropriate stage, particularly during framing of charge or upon appreciation of evidence during trial. 6. This Court does not find any manifest illegality, perversity, or procedural irregularity in the orders dated 06.11.2023 and 06.01.2025 passed by the trail court so as to warrant interference under Article 226 of the Constitution of India. 7. Accordingly, the writ petition is devoid of merit and is hereby dismissed. Order Date :- 1.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad