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2025 DAILYLAW 126143 (ALL)

BRIJESH KUMAR TIWARI AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER

A482/1929/2025 · 2025-03-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13313 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1929 of 2025 Applicant :- Brijesh Kumar Tiwari And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Sunil Kumar,Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed for the following main relief :- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Summoning order dated 6.12.2024 passed by Chief Judicial Magistrate, Unnao, and Charge sheet no. 814/2023 dated 29.12.2023 in Case no. 29149/2024 Crime no. 862/2023 U/s 143/147/323/504/452/325/506 IPC, Police Station Kotwali, District Unnao, styled as State...Vs.... Brijesh Kumar Tiwari and others Annexure no. 1 and 2 to this petition." Considering the averments made in the F.I.R. lodged by the opposite party No.2 on 18.01.2023, as F.I.R./Case Crime No.862/2023, under Sections 143, 147, 323, 504, 452, 325, 506 I.P.C., Police Station Kotwali, District Unnao, the basis of the pending proceedings against the applicant Nos. 1 to 6 in the present application as also the injury report of the opposite party No.2 annexed as Annexure No.5 and the statement of the injured/informant, annexed as Annexure No.4 and the observations of the Hon'ble Apex Court in the case of State of M.P. vs. Mansingh (2003) 10 SCC 414; Abdul Sayeed vs. State of M.P. (2010) 10 SCC 259; State of U.P. vs. Naresh; (2011) 4 SCC 324 and Laxman Singh vs. State of Bihar (Now Jharkhand) (2021) 9 SCC 191, according to which the evidence/testimony of the injured witnesses has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly, this Court is of the view that it is not a case in which the interference of this court is required. In view of the aforesaid, the instant application has no force. It is accordingly dismissed. Order Date :- 5.3.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench