Shivraj Singh Ahlawat and others v. State of U.P. and others AIR

4. Sri Mayank Sharma, learned counsel for the revisionist before this Court stated that there are various lacunas in the prosecution case so far as the same relates to the present revision but at this stage he is impeaching the order dated 07.10.2025 on a limited ground, which relates to Section 207 CrPC, Now Section 230 BNSS, accordingly to which material/documentary evidence filed along with the final report/charge- sheet submitted by the I.O. should be provided to an accused. In this case, the application seeking discharge was moved by the revisionist based upon the documents which were provided in terms of the aforesaid provisions. However, the trial court while rejecting the application seeking discharge filed by the revisionist vide order dated 07.10.2025, considered the documents which were later on filed and was not provided to the revisionist and moreover the said documents till date have not been taken on record.

5. It is further stated that the charge-sheet was prepared on 30.09.2023 and submitted before the trial Court on 03.11.2023. 3 CRLR No. 1262 of 2025

6. It is also stated that the documents which have been considered by the trial Court were placed on record by way of application dated 09.06.2025 and till date no effective order has been passed by the trial court on the said application.

7. The aforesaid facts have also not been refuted by the counsel for the CBI, Akash Prasad.

8. Considering the aforesaid, this Court finds that interference in the matter is required.

9. The order dated 07.11.2025 passed by the Special Judged Prevention of Corruption CBI-V, Lucknow is hereby set aside with liberty to the applicant to move applicant a fresh seeking discharge in terms of Section 239 CrPC, Now 262 BNSS, if the trial Court thinks it appropriate to consider the prayer sought in the applicant seeking discharge after taking the documents on record filed along with the application dated

09.06.2025, which shall be provided to the accused-revisionist.

10. Liberty is also given to the revisionist to challenge the order passed on the application seeking discharge on the grounds available if the same is against the accused-revisionist.

11. With the aforesaid, the instant revision is allowed. Cost made easy. December 4, 2025 Anurag (Saurabh Lavania,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

4. Sri Mayank Sharma, learned counsel for the revisionist before this Court stated that there are various lacunas in the prosecution case so far as the same relates to the present revision but at this stage he is impeaching the order dated 07.10.2025 on a limited ground, which relates to Section 207 CrPC, Now Section 230 BNSS, accordingly to which material/documentary evidence filed along with the final report/charge- sheet submitted by the I.O. should be provided to an accused. In this case, the application seeking discharge was moved by the revisionist based upon the documents which were provided in terms of the aforesaid provisions. However, the trial court while rejecting the application seeking discharge filed by the revisionist vide order dated 07.10.2025, considered the documents which were later on filed and was not provided to the revisionist and moreover the said documents till date have not been taken on record.

5. It is further stated that the charge-sheet was prepared on 30.09.2023 and submitted before the trial Court on 03.11.2023. 3 CRLR No. 1262 of 2025

6. It is also stated that the documents which have been considered by the trial Court were placed on record by way of application dated 09.06.2025 and till date no effective order has been passed by the trial court on the said application.

7. The aforesaid facts have also not been refuted by the counsel for the CBI, Akash Prasad.

8. Considering the aforesaid, this Court finds that interference in the matter is required.

9. The order dated 07.11.2025 passed by the Special Judged Prevention of Corruption CBI-V, Lucknow is hereby set aside with liberty to the applicant to move applicant a fresh seeking discharge in terms of Section 239 CrPC, Now 262 BNSS, if the trial Court thinks it appropriate to consider the prayer sought in the applicant seeking discharge after taking the documents on record filed along with the application dated

09.06.2025, which shall be provided to the accused-revisionist.

10. Liberty is also given to the revisionist to challenge the order passed on the application seeking discharge on the grounds available if the same is against the accused-revisionist.

11. With the aforesaid, the instant revision is allowed. Cost made easy. December 4, 2025 Anurag (Saurabh Lavania,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench