Neutral Citation No. - 2025:AHC:18415 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14014 of 2024 Petitioner :- Sunil Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Mary Puncha (Sheeb Jose),Mohd. Kalim Counsel for Respondent :- Ankur Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner, Sri Ankur Singh, learned counsel for respondent nos. 2 to 7 and learned AGA for the State. 2. Present petition has been preferred with the prayer to set aside the impugned order dated 22.07.2024 passed by learned Additional District & Sessions Judge, Deoband, Saharanpur in Criminal Revision no. 20 of 2024 (Sunil vs. State of U.P. & others) and order dated 01.06.2022 passed by learned Additional Chief Judicial Magistrate, Deoband, Saharanpur in F.R.No. 115 of 2020 (Sunil Vs. Amit and others) arising out of Case Crime no. 292 of 2018 u/s 147, 148, 149, 452, 323, 504, 506, 307 IPC at Police Station- Deoband, District- Saharanpur. 3. It is the case of the petitioner that petitioner lodged FIR against respondent nos. 4 to 7 as Case Crime no. 292 of 2018 whereupon after investigation, final report was submitted in favour of respondent nos. 4 to 7 before learned Additional Chief Judicial Magistrate, Deoband, Saharanpur who issued notice to petitioner. Against the final report, petitioner filed protest petition before the court of learned Additional Chief Judicial Magistrate, Deoband, Saharanpur but the same was treated as complaint case vide order dated 21.02.2020 and the date for evidence under Section 200 Cr.P.C. was fixed. In the meantime, petitioner could not appear before the court concerned therefore in absence of petitioner, the complaint case of petitioner was rejected vide order dated 01.06.2022 passed by learned Additional Chief Judicial Magistrate, Deoband, Saharanpur. 4. Being aggrieved with order dated 01.06.2022, petitioner preferred criminal revision before the court concerned but the same was also rejected vide order dated 22.07.2024 passed by learned Additional District and Sessions Judge, Deoband, Saharanpur which has been challenged through the instant petition. 5. While raising arguments, learned counsel for the petitioner submitted that the complaint case was pending at the stage of recording statement under Section 202 Cr.P.C. but due to the reason that file of petitioner was misplaced he could not appear before the court concerned and the same was unattended and culminated into order dated 01.06.2022. The same ground has been taken up while preferring criminal revision at the behest of petitioner but without giving any credence to the same, it was dismissed which rises cause of action in favour of the petitioner for filing the instant petition since the prejudice caused has been unaddressed till today. 6. Per contra, Sri Ankur Singh, learned counsel for respondent nos. 2 to 7 and learned AGA for the State vehemently opposed the prayer sought through the instant petition but they could not dispute the aforesaid facts. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, it is apparent that in absence of petitioner, order dated 01.06.2022 has been passed by the concerned court and same has been upheld by learned revisional court. 8. In view of the aforesaid discussion this Court deems it fit to grant one more opportunity in favour of petitioner to appear before the court concerned for recording his statement under Section 200 Cr.P.C. and as such order dated 01.06.2022 passed by learned Additional Chief Judicial Magistrate, Deoband, Saharanpur in F.R.No. 115 of 2020 and order dated 22.07.2024 passed by learned Additional District & Sessions Judge, Deoband, Saharanpur in Criminal Revision no. 20 of 2024 are hereby set aside. Matter is remitted back to learned court of Additional Chief Judicial Magistrate, Deoband, Saharanpur/concerned court for providing only one opportunity by way of fixing date and communicating it to the learned counsel appearing on behalf of petitioner before same court for recording statement under Section 200 Cr.P.C. and proceed thereafter. 7. The instant petition stands allowed accordingly. Order Date :- 5.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad