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2025 DAILYLAW 11835 (ALL)

ANNU AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/922/2025 · 2025-05-21

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86708 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 922 of 2025 Petitioner :- Annu And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Md Zakir Husain,Md. Nuruddin Khan Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the impugned order dated 07.06.2024 passed by the Court of learned Session Judge, Jaunpur in Criminal Revision No. 161 of 2024 (Annu vs. State of U.P. and another) as well as order dated 20.3.2024 passed by the Court of learned Additional Chief Judicial Magistrate, Court No. 12, Jaunpur in Session Trial No. 201 of 2024 (State vs. Alimulla and others) arising out of N.C.R. No. 39 of 2010 under Sections 323, 504, 427, 352 and 308 IPC, Police Station Khetasarai, District Jaunpur. Initially, the father of the opposite party no. 2 lodged NCR against the petitioners under Section 155(2) Cr.P.C. being NCR No. 39 of 2010 under Sections 323, 504 and 427 IPC at Police Station Khetasarai, District Jaunpur. However, after the investigation, the charge-sheet was submitted under Sections 323, 504, 427 and 352 IPC. During the pendency of trial proceedings, the respondent no. 2 moved an application stating that as the injuries received is grievous in nature, therefore, section 308 IPC needs to be added. The Additional Chief Judicial Magistrate, vide order dated 20.3.2024 had admitted the application filed by respondent and the petitioner has been summoned to face trial under section 308 IPC as well. It has further been submitted by learned counsel for the petitioner that the trial is at the verge of conclusion and statement of the accused under Section 313 Cr.P.C has already been recorded. It has also been submitted by learned counsel for the petitioners that in the instant matter petitioners are ready to participate and cooperate in the trial proceedings. Considering the aforesaid facts, till the conclusion of the trial, no coercive measures shall be taken against the petitioners. In case, the petitioners do not cooperate in the trial proceedings, the trial court shall be at liberty to proceed against the petitioners in accordance with law. With the aforesaid direction, the writ petition is disposed of. Order Date :- 22.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad