Neutral Citation No. - 2025:AHC-LKO:41936 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5655 of 2025 Applicant :- Abhishek Pandey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sanjay Kumar Singh,Satyendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sanjay Kumar Singh, the learned counsel for the applicants, Sri Diwakar Singh, the learned A.G.A. for the State and Sri Satyendra Kumar Tiwari, Advocate, who has filed his vakalatnama on behalf of the opposite party No.2, which is taken on record. 2. With the consent of the learned counsel for the parties, the application is being decided finally at the admission stage. 3. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 25.12.2024 as well as the summoning order dated 07.04.2025 passed by the Court of Additional Chief Judicial Magistrate (SD/0-1/ACJM, Sultanpur arising out of Case Crime No. 223 of 2022, under Sections 147/452/323/504/506/307 I.P.C. at Police Station Munshiganj, District Sultanpur. 4.The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No.2 on 01.11.2022 against 7 named persons, including the applicants, and an unknown persons stating that all the accused persons had beaten up the informant's son on 30.10.2022 regarding which FIR No.223/2022 in Police Station- Munshiganj was lodged. For the aforesaid reason, the accused persons entered the informant's house and assaulted him and his family members at about 10:00 PM on 31.10.2022. 5. After investigation, the Investigating Officer has submitted a charge-sheet against three accused persons only and involvement of four persons, including the applicant, could not be established and their names were exonerated. The trial Court took cognizance of the offence and summoned the named accused persons to face the trial by means of order dated 29.07.2024. However, in the same order, the trial Court directed the Investigating Officer to collect technical evidence regarding presence of the accused persons who have been exonerated, at the time of the incident. Without collecting any technical evidence, the Investigating Officer has submitted a supplemetary charge-sheet against the applicants. 6. The learned AGA as well as the learned counsel for the opposite party No.2 have stated that the Investigating Officer has collected further evidence in the shape of statements of some persons, who have stated above involvement of the applicants in commission of the offence. 7. When the trial Court had issued a specific direction to the Investigating Officer for collecting technical evidence regarding presence of exonerated accused persons at the time of the incident, it was incumbent upon him to comply with the order dated 29.07.2024 passed by the trial Court. He has committed a gross error in submitting a supplementary charge-sheet without complying with the aforesaid direction issued by the trial Court. 8. Accordingly, the supplementary charge-sheet submitted against the applicants on 25.12.2024 and the order taking cognizance of the offence passed on 07.04.2025 are set-aside. 9. The Investigating Officer is directed to collect technical evidence regarding presence of the applicants and other two accused persons who have been exonerated in compliance of the order dated 29.07.2024 passed by the trial court and to submit a report to the trial Court based on the technical evidence. This exercise shall be conducted expeditiously, preferably within a period of two months from today. 10. The instant application is hereby disposed of. . (Subhash Vidyarthi,J.) Order Date :- 22.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench