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Vinay Kumar Mishra And Others vs State Of U P And Another

High Court Of Judicature at Allahabad|25 July, 2018
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JUDGMENT / ORDER

Court No. - 1
Case :- CRIMINAL REVISION No. - 2365 of 2018 Revisionist :- Vinay Kumar Mishra And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Bal Mukund,Arati Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri I.M.Khan, Advocate, has filed his vakalatnama on behalf of opp. party no.2 today in Court, which is taken on record.
Heard Sri Bal Mukund, learned counsel for the revisionists, Sri I.M.Khan, learned counsel for opp. party no.2, and Sri A.R.Chaurasia, learned A.G.A. for the State.
The present crl. revision has been preferred against the judgement and order dated 4.7.2018 passed by learned Additional Sessions Judge, Court No.17, Kanpur Nagar in S.T.No.458 of 2011, Case Crime No.186 of 2004, under Section 306 I.P.C., P.S. Panki, District Kanpur Nagar.
Learned counsel for the revisionists submits that the impugned order which has been passed by the trial Court rejecting the discharge application shows non- application of mind, hence the same be quashed.
Learned counsel for opp. party no.2 has submitted that revisionists had earlier approached this Court and filed Crl. Revision No.769 of 2012 which was preferred against the discharge application and though the same was allowed by this Court on 2.5.2018 and the trial Court was directed to pass a speaking order to decide the discharge application, copy of which has been produced by learned counsel for opp. party no.2 today in court, which is taken on record. He further pointed out that the deceased who was unable to conceive a child, was tortured by the revisionists who are the in-laws and husband of the deceased, on account of which she committed suicide.
I have perused the impugned order dated 4.7.2018 passed by passed by learned Additional Sessions Judge, Court No.17, Kanpur Nagar in the aforesaid case and find that the same does not suffer from any illegality or impropriety. Hence the revision lacks merit. It is liable to be dismissed and is, accordingly, dismissed.
Order Date :- 25.7.2018/Ashok Gupta
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Title

Vinay Kumar Mishra And Others vs State Of U P And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 July, 2018
Judges
  • Ramesh Sinha
Advocates
  • Bal Mukund Arati Singh