Court No. - 71
Case :- APPLICATION U/S 482 No. - 16391 of 2019 Applicant :- Ram Karan Patel And 05 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajkumar Singh,Deepak Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 8.4.2019 passed by learned Additional Sessions Judge, Court No.15, Allahabad in discharge application, under Section 227 Cr.P.C. in Session Trial No.535 of 2017(State Vs. Ram Karan & Others), arising out of Case Crime No.305 of 2015, under Sections 147, 323, 325, 504, 506 IPC & Section 3(1)(10) of SC/ST Act, Police Station Koraon, District Allahabad, pending in the Court of learned Additional Sessions Judge, Court No.15, Allahabad.
Learned counsel for the applicants submitted that the applicants have moved an application before the learned lower Court with the prayer to discharge with the offence under Sections 506 IPC and 3(1)(10) of SC/ST Act. The learned lower Court has rejected the application moved by the applicants/accused with the observations that at the stage of charge, only prima facie evidence regarding commission of offence has to be seen only. It was further observed that the discharge can only be done when the allegations levelled by the prosecution evidence are not sufficient to convict the accused, with the above observation the application moved by the applicants, was rejected.
It has further been submitted that while deciding the application moved on behalf of the applicants, the learned lower Court in the impugned order has not mentioned whether the offence under Section 506 IPC and under Section 3(1)(10) of SC/ST Act are made out or not.
Learned A.G.A. has submitted that the impugned order is legal and there is no infirmity in the impugned order.
After considering the rival submissions advanced by learned counsel for the applicants and perusal of the impugned order, it is apparent that the learned lower Court has not specifically mentioned in the impugned order whether the offence under Sections 3(1)(10) of SC/ST Act and 506 IPC are made out or not by prima facie evidence against the applicants.
In view of the fact noted above, the present application is disposed of with the direction that the learned lower Court will decide the discharge application afresh and will analyze the evidence prima facie and will specifically mention whether the offence under Sections 3(1)(10) Act and 506 IPC are made out or not.
Order Date :- 25.4.2019 Mini