MOHAMMAD ALAM @ HASHIM AND 3 OTHERS v. State of UP AND ANOTHER
CRLA/8534/2024 · 2025-09-22
Shekhar Kumar Yadav
Criminal Appealbody2025
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[ 2025 DAILYLAW 90736 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90736 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8534 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
2. This application has been filed by applicants with a prayer to allow the criminal appeal and set aside the impugned judgement and order dated 26.06.2024 passed by learned Special Judge (SC/ST Act) Kaushambi in Special Case No. 287 of 2023 (State Vs. Mohammad Alam and others) arising out of Case Crime No. 106 of 2023, under sections 323, 504, 506, 325 IPC and section 3(2)(va) and 3(1)Dha SC/ST Act, P.S. Charwa, District Kaushambi whereby the learned trial court rejected the discharge application of the appellant filed under section 245(2) of Cr.P.C.
3. Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants, in fact, no such incident has taken place. Further submission is that the first informant is Ex Gram Pradhan and the statement of the informant has been lodged under section 161 Cr.P.C. by the I.O. after 10 days of the incident where he he added more facts, no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants. He also pointed out certain documents in support of his contention.
4. I have gone through the impugned order. Impugned order itself reflects that charges against the accused have already been framed and the grounds taken for discharge cannot be considered Versus Counsel for Appellant(s) : Anuj Mishra, Awadhesh Kumar Pandey Counsel for Respondent(s) : G.A., Prashant Drivedi Mohammad Alam @ Hashim And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s)
at this stage as truthfulness, sufficiency and acceptability of the evidence produced by the accused can be adjudged during trial. The impugned order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant any interference by this Court.
5. The prayer for quashing the impugned order is hereby refused.
6. Accordingly, this application is dismissed. September 23, 2025 RPD CRLA No. 8534 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad