HATAM BHATI ALIAS HATAM SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
CRLR/6376/2025 · 2025-10-12
Abdul Shahid
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104441 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104441 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6376 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the revisionists and learned AGA for the State.
2. The instant criminal revision has been filed against the impugned order dated 18.8.2025 passed by ACJM-II, Gautam Buddh Nagar in Case No.2147 of 2022 (State vs. Ram Vir and others) arising out of Case Crime No.100 of 2021 under Section 326 IPC, Police Station-Surajpur, District- Gautam Buddh Nagar.
3. Learned counsel for the revisionists has submitted that there is no grievous injury and there is no intention to kill. Hence, the finding of the trial court that the material is sufficient to frame the charge under Section 326 IPC is not sustainable in the eyes of law.
4. On the contrary, learned AGA for the State opposed and stated that there was several injuries and one injury is also on the jaw and if the injury exaggerate, it may be dangerous to life.
5. The FIR was lodged under Section 323 and 307 IPC. The offence is of the year 2021. Learned trial court had considered the submission made by the revisionist before it and he had been discharged under Sections 323 and 307 IPC whereas learned trial court has found on the basis of evidence available before it that an offence under Section 326 IPC is made out and charge could be framed. Versus Counsel for Revisionist(s) : Uma Nath Pandey Counsel for Opposite Party(s) : G.A. Hatam Bhati Alias Hatam Singh And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
6. In view of the impugned order and the facts of the case, there is injury on the jaw and Sections 323 and 307 IPC had already been removed. The trial has to be under Section 326 PC. The final finding could be given by the learned trial court. Therefore, there is no illegality or irregularity in the impugned order.
7. Hence, this criminal revision is dismissed. October 13, 2025 LN Tripathi CRLR No. 6376 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad