Neutral Citation No. - 2025:AHC-LKO:38577 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5414 of 2025 Applicant :- Dileep Kumar Rajpoot @ Dileep Singh Rajpoot Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ambuj Singh,Nritika Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ambuj Singh, the learned counsel for the applicants as well as Sri Mohd. Asif Khan, the learned A.G.A. and perused the record. 2. Keeping in view the nature of the order proposed to be passed, issuance of notice to the opposite party No.2 is dispensed with. 3. By means of the instant application under Section 482 Cr.P.C., the applicant has challenged the validity of the summoning order dated 23.02.2023 passed by the Special Judge, SC/ST Act, Lucknow taking cognizance of the offence in Criminal Case No.1201 of 2023 arising out of Case Crime No.678 of 2022 under Sections 323, 504 IPC and 3(2)(va) of SC/ST Act at police Station- Gomti Nagar, District- Lucknow. 3. The aforesaid case has been instituted on the basis of an FIR No.678 of 2022 lodged on 22.10.2022 for the offences under Section 323, 504 IPC and Section 3(2)(va) of SC/ST Act. After investigation, the Investigating Officer has submitted a charge- sheet dated 22.12.2022 for offences under Section 323, 504 IPC and 3(2)(va) of SC/ST Act. The trial Court has taken cognizance of the offences under Section 323, 504, 506, 406 IPC and 3(2)(va) of SC/ST Act and has summoned the applicant to face the trial for the aforesaid offence. 4. Submission of the learned counsel for the applicant is that the charge-sheet does not make a mention of offences under Section 506 and 406 IPC. 5. Although it is correct that the Court taking cognizance of the offence is not bound by the Sections mentioned in the charge- sheet and it can add or alter the Sections on the basis of the material placed before the Court by the prosecution but the trial Court has taken cognizance of the offence under Section 506 and 406 IPC without assigning any reason. Further, it appears from the statement of the informant recorded by the Investigating Officer that 3-4 persons, including the applicant- Dileep Rajput, Tribhuvan and Kaushal, came to the informant's house, they started beating a labour and they tried to enter the informant's house, when the informant resisted, the accused persons abused and beaten him up. The informant further stated that he had to undergo a heart transplantation operation. It is also recorded in the case diary that the Investigating Officer had examined a CCTV footage of the incident which shows that Rajpoot, Tribhuvan, Kaushal and some unknown persons were present alongwith the applicant. Rajpoot, Tribhuvan and Kaushal induldged into beating. The applicant did not raise his hand himself but he kept on saying something. The other unknown persons tried to intervene. The CCTV footage showed that the applicant had called seven boys who came and remained on the spot since 12:55 till 12:59 and they went away after beating. 6. From the aforesaid material collected during investigation, prima facie it appears that the trial Court should have given its consideration as to whether the offence under Section 149 IPC and the offence of criminal conspiracy are also attracted in the present case. 7. Accordingly, the application is allowed. The impugned summoning order dated 23.02.2023 passed by the Special Judge, SC/ST Act, Lucknow taking cognizance of the offence in Criminal Case No.1201 of 2023 arising out of Case Crime No.678 of 2022 under Sections 323, 504 IPC and 3(2)(va) of SC/ST Act at police Station- Gomti Nagar, District- Lucknow is set-aside. 8. The matter is remanded to the trial Court for passing an order taking cognizance of the offences afresh, after giving due consideration to the material collected during investigation and keeping in view the observations made in this order. . (Subhash Vidyarthi,J.) Order Date :- 8.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench