HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5733 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State as well as learned counsel for opp. party nos. 2 and 3. 2. The present revision has been filed against the order dated 04.10.2024 passed by the learned Chief Judicial Magistrate, Agra, whereby the application moved by the revisionist under Section 173(4) of B.N.S.S. has been dismissed. 3. Learned counsel for the revisionist has submitted, that the impugned order is illegal and arbitrary. The aforesaid application has been dismissed only on the basis of the report submitted by the police, wherein the police found the said case to be an accident and not an incident caused by the prospective accused persons. No other finding has been recorded by the learned Chief Judicial Magistrate concerned while passing the impugned order. 4. On the other hand, learned counsel for opp. party nos. 2 and 3 submitted, that a report dated 11.09.2024 has been submitted by the Sub Inspector Amit Dhama, police station Malpura, District Agara, wherein it has been stated that the deceased, and Shyambir and Sonu were friends. On 10.08.2024, they all were consuming alcohol sitting in a truck. Subsequently, truck driver and Shyambir went away with the truck and the mobile of the deceased was reportedly left in the truck. Thereafter, the deceased riding on a motorcycle followed the truck for collecting his mobile, but the deceased collided near a bridge and succumbed to his Versus Counsel for Revisionist(s) : Pankaj Dwivedi Counsel for Opposite Party(s) : G.A., Prem Chandra Dwivedi Sonvir .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) injuries. 5 In support thereof, the Sub Inspector examined two persons namely, Devendra Kumar and Jitendra Singh, who stated that the deceased was following the truck to collect his mobile, but the Sub-Inspector got misplaced that, as to how and in what manner these persons came to know that the person (deceased) who was driving motorcycle, was following the truck for collecting his mobile. The report submitted by the police appears beyond imagination and not believable, as nobody could know, if a person is riding on the motorcycle, that he is going to collect his mobile or for any other purpose, as nowhere, it has come on record, that these two persons, first asked the deceased to stop motorcycle, then inquired, as to how and why you are going on the motorcycle, and the deceased would have replied, that he left his mobile in the truck, and was following the truck for collecting his mobile phone. Contrary it, no such statement of the driver or other person Shyamvir has come on record, that the deceased was driving motorcycle and following the truck for collecting his mobile phone. 6. Under the circumstances, the revision is allowed and the order dated 04.10.2024 passed by the learned Chief Judicial Magistrate, Agra, dismissing the application moved by the revisionist under Section 173(4) of B.N.S.S. is set aside. The matter is remanded back to the court concerned to pass a detailed speaking order. September 18, 2025 Gss CRLR No. 5733 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad