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2025 DAILYLAW 102755 (ALL)

ATUL ALIAS NEETU v. STATE OF U.P. AND ANOTHER

CRLR/6080/2025 · 2025-10-06

Abdul Shahid

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6080 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist, learned AGA for the State and perused the material available on record. 2. The instant criminal revision has been preferred against the judgment and order dated 12.9.2025 passed by Additional District and Sessions Judge, Court No.1, Firozabad in S.T. No.1740 of 2020 (State vs. Atul @ Neetu and others) arising out of Case Crime No.615 of 2020 under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station-Sirsaganj, District-Firozabad. 3. Learned counsel for the revisionist has submitted that the prosecution evidence has been completed. There is an alleged dying-declaration of the deceased on the record. The session trial is at the stage of defence evidence. At that stage, he filed an application 38-(b) to summon Dr.Siddhartha Yadav and pharmacist Karan Singh, which was rejected by the learned trial court. Hence, this revision. 4. He also submitted that he had participated in the trial. The evidence of Dr.Siddhartha Yadav and Karan Singh is very much necessary in the interest of justice as well as proper adjudication of the session trial. 5. Learned AGA has submitted that the impugned order is as per the law. 6. The FIR of the present case is Case Crime No.615 of 2020. The evidence of the defence is going on. In view thereof, there is no Versus Counsel for Revisionist(s) : Devbratt Yadav, Ram Pratap Yadav Counsel for Opposite Party(s) : G.A. Atul Alias Neetu .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) apprehension that the revisionist is trying to delay the session trial. The evidence of Dr.Siddhartha Yadav and pharmacist Karan Singh is appeared to be justiciable. 7. In view of the above, the present revision is allowed. The impugned order dated 12.9.2025 passed by Additional District and Sessions Judge, Court No.1, Firozabad in S.T. No.1740 of 2020 (State vs. Atul @ Neetu and others) arising out of Case Crime No.615 of 2020 under Sections 498A, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station- Sirsaganj, District-Firozabad, is hereby set aside. The trial court is hereby directed to decide the application 38-(b) afresh in view of the findings given by this Court. October 7, 2025 LN Tripathi CRLR No. 6080 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad