Neutral Citation No. - 2025:AHC:30812 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16375 of 2024 Petitioner :- Mohd. Rafi Respondent :- Mohd. Nabi And 4 Others Counsel for Petitioner :- Deepak Singh Patel,Mohammad Tahir Kurashi,Mohd Shamim Khan Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present petition has been preferred with the following relief:- "i) set aside the order dated 19.02.2024 passed by Additional Chief Judicial Magistrate, Court no. 5 Moradabad in Complaint Case No. 45591 of 2023 (Mohd. Rafi Vs. Mohd. Navi and others) as well as order dated 08.11.2024 passed by the Additional Session Judge, Court no. 13 Moradabad in Criminal Revision no. 88 of 2024 (Mohd. Rafi Vs. Mohd. Navi and others)." 3. It is the case of petitioner that initially the petitioner/complainant has filed a complaint against the respondents which was registered as Complaint Case No. 45591 of 2023 wherein the learned concerned court has recorded the statement under sections 200 and 202 Cr.P.C. On the basis of complaint as well as the statements, the learned Additional Chief Judicial Magistrate, Moradabad vide its order dated 19.02.2024 summoned the opposite party nos. 1 to 5 for offence under sections 323, 504, 506 IPC. Being aggrieved with the order dated 19.02.2024, the petitioner preferred Criminal Revision No. 88 of 2024 which was dismissed by learned Court of Additional Session Judge, Court no. 13 Moradabad vide order dated 08.11.2024, which impugned the present petition. 4. Learned counsel for the petitioner submitted that both the learned concerned courts have failed to appreciate the facts and law placed before it and summoned the opposite party nos. 1 to 5 for the offence under Sections 323, 504, 506 IPC only. It is further submitted that both the impugned orders i.e., order dated 19.02.2024 and revisional court order dated 08.11.2024 are wholly illegal, unjust, improper and have been passed without properly considering the facts and circumstances of the case as well as without considering the materials available on record. It is also submitted that the order impugned has been passed in mechanical and routine manner which does not manifest the application of judicious mind to the facts of the case. 5. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned orders and as such, there is no illegality in the same. 6. After perusal of order dated 19.02.2024 passed by Additional Chief Judicial Magistrate, Court no. 5 Moradabad as well as order dated 08.11.2024 passed by the Additional Session Judge, Court no. 13 Moradabad, I find that the same does not suffer from any illegality, infirmity or jurisdictional error, so as to call for interference by this Court. 7. In view of the aforesaid facts and circumstances, the petition lacks merit and is hereby dismissed. Order Date :- 4.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad