Vivek Singh Tomar v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 29 Case :- CRIMINAL REVISION No. - 293 of 2024 Revisionist :- Vivek Singh Tomar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Revisionist :- Atul Dixit Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Atul Dixit, learned counsel for the revisionist and Shri S.P. Tiwari, learned A.G.A. for the State. The applicant is aggrieved by the order dated

11.03.2024 passed by the learned Additional District & Sessions Judge-15, Lucknow rejecting his discharge application. The prosecution case set out in the F.I.R. records that the applicant had discharged his firearm with intent to kill the victim. The learned trial court in the impugned order has noticed the injury report and also statements of the other witnesses. The learned trial court has opined that prima facie offence is disclosed on the material in the record. There is no perversity in the finding of the learned trial court at this stage. The learned trial court is not obligated to conduct the mili trial or appraisal of the evidence of the prosecution in a meticulous manner. Shri Atul Dixit, learned counsel for the revisionist contends that the injury report is not reliable. This is a triable issue. Hence, no case is made out. The revision is dismissed. Order Date :- 21.3.2024 Ashish Tripathi High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench