High Courts(1991) 04 AHC CK 0074

Ram Ashrey vs State of U.P.

Allahabad High Court · Decided on 9 April 1991

HON’BLE JUDGES
Surya Prasad, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 75 of 1991

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Judgment

5 paragraphs · 206 words

S. Prasad, J.—This a criminal revision against the order dated 1.8.90 passed by IX'' Addl. Sessions Judge, Allahabad in S.T. No. 397/88 State v. Dinesh Kumar and others by which the learned Addl. Sessions Judge has framed charge u/ss.323/324 I.P.C. against the opposite parties No. 2 to A on the basis of the charge sheet of case crime No. 78/87.

2.

Heard the learned counsel for the parties and perused the impugned order.

3.

There are two cross cases in respect of the same episode. This is not in dispute between the parties. The only point which calls for consideration in such cases is'' as to which of the two parties was aggressor at the time of the incident. This proposition of law cannot also be disputed.

4.

The learned Addl. Sessions Judge has framed charges against the opposite parties No. 2 '' to 4 vide his impugned order. There does not appear any illegality or irregularity having been committed by him in framing the charges against them. Therefore, this revision has no substance and is dismissed at this very stage.

5.

Let a certified copy of this order be given to the learned counsel for the parties on payment of usual charges within 48 hours.