Neutral Citation No. - 2025:AHC:30868 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16340 of 2024 Petitioner :- Chandrabhan Singh And 7 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Manish Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred for challenging order dated 24.05.2024 passed by learned Additional Chief Judicial Magistrate, Court/Room No. 6, Prayagraj through which Criminal Revision no. 345 of 2024 (Chandrabhan Singh & others Vs. State of U.P. and another) has been dismissed and directed all the petitioners to appear before learned concerned court on dated 05.08.2024. 3. It is an admitted fact that in spite of specific direction for appearance before learned court concerned on dated 05.08.2024, none of the petitioners appeared and preferred the instant petition after a gap of near about four months from the date of order dated 26.07.2024 passed by learned Sessions Judge, Prayagraj. 4. It is the case of the petitioners that in spite of having no evidences, all the petitioners have been summoned over the cognizance taken upon the chargesheet preferred against the petitioners which arises cause of action in favour of the petitioners for preferring discharge application but the same was rejected vide order dated 24.05.2024 and the same was upheld vide order dated 26.07.2024 passed by learned Sessions Judge, Prayagraj. 5. Learned counsel for the petitioners submitted that it is apparent from the statement recorded by the injured as well as other witnesses under section 161 Cr.P.C., wherein no specific allegation has been put-forward which attracted sections 147, 323, 427, 504, 506 I.P.C., since no medical examination has ever been conducted and in absence of the same, the entire story whatsoever has been framed by the prosecution at the time of preferring chargesheet itself under doubt of clouds. 6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners and submitted that learned court concerned rightly rejected the discharge application preferred at the behest of the petitioners with categorical finding that while entertaining discharge application, the gravity of the statement recorded under section 161 Cr.P.C. cannot be considered by the learned concerned court, since the stage of demolishing the stand taken up by the prosecution will be available during trial and as such both the orders which impugned the present petition are purely legal and justified from all corners of correctness. 7. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear, which is apparent from the record itself that a civil dispute is pending between the parties and the argument raised by learned counsel for the petitioners that all the petitioners have been implicated just on the malicious grounds by way of creating some type of pressure upon the petitioners, the allegation whatsoever has been available in the statement recorded by the injured and other witnesses is not specific in nature which may attract for trial against all the eight persons who have been implicated in the FIR. 8. Be that as it may, without interfering into the merits of the matter, learned court concerned is hereby directed to proceed with the trial as per law, but at the same time, all the petitioners are hereby exempted from their personal appearance and the trial shall be attended through their counsel. It is also made clear that in case as per the mandate of the procedure, specific requirement of the petitioners by way of putting their personal appearance shall be ordered for specific dates and the same shall be intimated to their counsel, but all the petitioners will be exempted from usual appearance on day to day basis and the trial be concluded by way of seeking cooperation from all the petitioners, as expeditiously as possible, preferably within a period of 12 months from the date of presentation of a certified copy of this order. 9. The instant petition is hereby disposed of accordingly. Order Date :- 4.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad