HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6143 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 2. The present revision has been filed against the order dated 13.11.2024 passed by the Additional Sessions Judge-I, Ghazipur in Sessions Trial No. 209 of 2013 (State vs. Jharkhandey and others), arising out of Case Crime No. 47 of 2021, under Sections 302, 352, 323 and 504 I.P.C., P.S. Nandganj, District-Ghazipur, whereby the learned Addl. Sessions Judge has allowed the application preferred under Section 319 Cr.P.C. filed by the complainant/opposite party No. 2. 2. Learned counsel for the revisionist has submitted that three witnesses have been examined in the present case and all the three witnesses, i.e. PW-1, Shambhu Singh, PW-2, Umesh Kushwaha and PW-3, Rajesh Kushwaha have stated that the revisionist's presence was not there but his complicity in the matter cannot be ruled out and have expressed suspicion in respect of involvement of the revisionist. He further submitted that no prospective accused can be summoned merely on the basis of suspicion expressed by the witnesses during the course of investigation and prayed that the order passed by learned Additional Sessions Judge dated 13.11.2024 is liable to be set aside. 3. On the other hand, learned counsel appearing on behalf of opposite party no. 2 has submitted, that the deceased was mercilessly assaulted and beaten up and consequently, he died. He next submitted that even, if suspicion has been expressed in respect of prospective accused, then the trial Court has to look into the totality of the entire evidence, placed during the course of trial and the said prosecution witnesses have merely expressed their opinion Versus Counsel for Revisionist(s) : Ramdhan, Suneel Kumar, Suresh Kumar Counsel for Opposite Party(s) : Abhay Singh Kushwaha, G.A., Ramesh Singh Kushwaha Surendra Kushwaha .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) about the non presence, but have fully expressed suspicion and complicity in respect to the involvement of the revisionist, therefore the complicity of the revisionist cannot be ruled out. However, PW-2, Umesh Kushwaha in the beginning of his statement has expressed the involvement of the revisionist, hence the present revision is liable to be dismissed. 4. Having regard to the contentions raised by learned counsel for the parties and from the perusal of the record, it appears that all the prosecution witnesses have stated about non presence of the revisionist but have also stated about the complicity of the revisionist, however PW-1 in his statement recorded during the course of investigation has expressed the involvement of the revisionist and most of the witnesses of fact have been examined and only formal witnesses remains to be examined. 6. In view of the above, this Court does not find any good ground to allow the revision. Hence the present revision is dismissed. September 24, 2025 Faridul CRLR No. 6143 of 2024 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad