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The legal position with regard to the principles to be applied while considering a discharge :- High court of Allahabad

Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter Ajeet Singh V/s State of U.P. and Another [- CRIMINAL REVISION No. – 3063 of 2021] dealt with an issue mentioned above.

The present revision has been filed against the judgment and order dated 26.10.2021 passed by the learned Additional Chief Judicial Magistrate, Room No.18, Allahabad in Criminal Case No. 762 of 2015 (State vs. Ajeet Singh), whereby the learned Additional Chief Judicial Magistrate, Room No.18, Allahabad rejected the application under Section 239 Cr.P.C. filed by the revisionist.

Counsel for the applicant has sought to assail the order passed by the court below by seeking to point out the discrepancy between the statements of the prosecutrix recorded under Sections 161 and 164 of the Code and by asserting that the same are in contradiction with the FIR version. Learned Counsel has also referred to the factual aspects of the case and the defence which is to be set up on behalf of the applicant.

The court perused the facts and arguments presented in the case  The contention sought to be put forward with regard to minor discrepancies in the material evidence or the other factual aspects of the case including the defence which is sought to be set up on behalf of the accused, cannot be considered at this stage of the proceedings where only the test of a prima facie case has to be applied.

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Judgment reviewed by Sakshi Mishra

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