Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 391 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the revisionist, leaned counsel for the opposite party nos. 2 to 5, learned A.G.A. for the State and perused the record. 2. The instant revision has been filed against the order dated 19.12.2023 passed by learned Additional Sessions Judge, Khurja, Bulandshahar in Session Trial No. 05 of 2023 (State vs. Pooja), arising out of Case Crime No. 1095 of 2021, under Section 306 I.P.C., P.S. Khurja Nagar, District- Bulandshahar, by the said order the application moved by the revisionist under Section 319 Cr.P.C. has been dismissed for summoning the prospective accused persons. 3. The first information report dated 05.10.2021 was lodged against Pooja (wife of the deceased) and her other family members. The said F.I.R. is based on video clipping, which was prepared by the deceased prior to commit suicide. In the said clipping the names of the other accused persons were also disclosed, besides the name of wife of the deceased. During the course of investigation, which has come on record, reveals that the Investigating Officer, investigated the case and prepared CD No. 07 on 06.12.2021, in which the events of the video clipping were reduced in writing. As per paragraph of the CD No. 07. However the Investigating Officer Vinay Kant Gautam (Sub-Inspector), who has adduced the contents of the video clipping has not yet been examined, the other two witnesses namely, PW-1 and PW-2 are not eye witnesses of the incident, however, the said incident is totally based on the outcome of the video clip, which was reportedly prepared by the deceased himself prior to commit suicide. Since Versus Counsel for Revisionist(s) : G.A., Vinod Singh Counsel for Opposite Party(s) : Raghvendra Singh Raghuveer Singh .....Revisionist(s) State Of Up And 4 Others .....Opposite Party(s)
the testimony of the then Investigating Officer is relevant and useful for the purpose of taking the trial to its logical end. 4.
In the given facts and circumstances of the case and without going into the merits of the present revision, this Court is of the opinion that it is left open to the revisionist to take up the matter before the concerned Additional Sessions Judge, once the statement of witness namely S.I. Vinay Kumar Gautam the Investigating Officer has been recorded and the learned Additional Sessions Judge would be at liberty to pass an order afresh in accordance with law. 5. At this stage, the order dated 19.12.2023 passed by learned Additional Sessions Judge, Khurja, Bulandshahar is hereby set aside and the revisionist is given an opportunity as aforesaid. 6. The instant revisionist stands disposed of in terms of above. September 16, 2025 Faridul CRLR No. 391 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