Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5882 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the revisionist and the learned AGA for the State-respondent.
2. This criminal revision has been preferred against the order dated 9.9.2025, passed by Additional Session Judge (POCSO Act-2), Firozabad in S.T. No. 487 of 2016 (State Vs. Yogendra Pal Singh and others), under Section 307/302 IPC dismissing the application filed by the revisionist under Section 348 BNSS.
3. Perused the impugned order dated 9.9.2025. The revisionist has filed an application under Section 348 of BNSS, 2023 for summoning the witness Smt. Saroj Devi. The statement of Smt. Saroj Devi was recorded during investigation under Section 161 Cr.P.C.
4. It is obligatory duty of the prosecution to present a complete case before the trial court for proper adjudication on merits. There shall be no prejudice to any of the party either prosecution or defence.
5. In view thereof and in the interest of justice, the impugned order darted 9.9.2025 is hereby set aside and the revision is allowed. The trial court is directed to record the statement of witness Smt. Saroj Devi in accordance with law. October 9, 2025 sfa/ Versus Counsel for Revisionist(s) : Shyam Sunder, Sunil Vashisth Counsel for Opposite Party(s) : G.A. (Abdul Shahid,J.) Yogendra Pal Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad