HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5770 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Counter affidavit filed on behalf of opp. party no. 2 and rejoinder affidavit filed on behalf of the revisionists are taken on record. 2. Heard learned counsel for the revisionists, learned counsel for opp. party no. 2 and learned A.G.A. for the State. 3. The instant revision has been filed against the order dated 19.09.2024 passed by learned Additional Sessions Judge, Court No. 20, Agra, in S.T.No. 525 of 2024, by which all three revisionists have been summoned to face trial under Section 307/34 I.P.C. in respect of Case Crime No. 0583 of 2023. Initially, the FIR was lodged under Sections 307, 384, 120- B and 506 I.P.C. However, after investigation Sections 384, 506 and 120- B I.P.C. were dropped and revisionists were summoned under Section 307/34 I.P.C. It has further been contended that only two witnesses i.e. injured and his mother have been examined. There are 8 witnesses of fact, out of which 6 witnesses have been left to be examined. However, based on the testimony of above two witnesses alone, the revisionists have been summoned and other cogent evidence is likely to be taken on record by examining other 6 witnesses. Learned counsel for the revisionists relied upon the judgment of Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab (2014) 3 SC 92. 4. Learned counsel for the opp. party no. 2 submitted that as far as the two witnesses are concerned, their testimony is intact and two witnesses have, in their examination-in-chief and cross examination, narrated the Versus Counsel for Revisionist(s) : Mata Pher, Sushil Kumar Shukla Counsel for Opposite Party(s) : Anita Singh, G.A., Prem Babu Verma Anis And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) involvement of all three prospective accused persons, i.e. the revisionists herein. 5. Learned counsel has taken reliance on the injury report of the doctor, wherein the injury was found to be caused by fire arm, but later on the doctor has stated that as far as the C.T.Scan is concerned, no injury was found on the injured. 6. Having regard to the submissions advanced by the learned counsel for the parties and the fact that only two witnesses of fact have been examined and 6 witnesses are still to be examined in the present case, therefore, summoning to the prospective accused/ revisionists herein, at this stage, would be premature. 7. In view of the above, the order dated 19.09.2024 passed by learned Additional Sessions Judge, Court No. 20, Agra, in S.T.No. 525 of 2024 is set aside and it is directed that as and when the evidences of other 6 witnesses is completed, the informant/ opp. party no. 2 shall be at liberty to approach the trial court concerned for redressal of her grievance. 8. The revision is, accordingly, allowed. September 18, 2025 Gss CRLR No. 5770 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad