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2025 DAILYLAW 152066 (ALL)

JAGDISH KUMAR SINGH AND ANOTHER v. STATE OF U.P. THRU. DGC (CRIMINAL), BAHRAICH AND ANOTHER

/5963/2025 · 2025-08-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45768 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5963 of 2025 Applicant :- Jagdish Kumar Singh And Another Opposite Party :- State Of U.P. Thru. Dgc (Criminal), Bahraich And Another Counsel for Applicant :- Yogendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 3. By means of this application, the applicants have impeached the order dated 26.02.2024 passed in Complaint No.21022 of 2023 (Prafull Chandra Mishra Vs. Jagdish Kumar Singh & others) by Chief Judicial Magistrate, Bahraich whereby the Chief Judicial Magistrate summoned the applicants for facing trial for the offence under Section(s) 380 and 409 I.P.C on being found that, prima facie, the case is made out. 4. The satisfaction of the Magistrate is based upon the statement of complaint, namely, Prafull Chandra Mishra and statement(s) of witnesses produced by the complainant in terms of Section 202 Cr.P.C., namely, Ramchandra Pathak and Jaswant Singh. 5. On 05.11.2022, i.e. the date of incident, witness- Ramchandra Pathak was watchman/guard/janitor of the school. 6. According to the case of the complainant set up in the complaint, in the night of 05.11.2022 at about 04:00 A.M. the applicants threatened Ramchandra Pathak and forcibly entered into the school premises and thereafter broke one lock of the office of the school and opened another lock with the key in his possession, and took away the service book, four laptops and some amount. 7. It would be apt to indicate that witness-Ramchandra Pathak narrated all the fact as indicated in the complaint before the Magistrate and another witness- Jaswant Singh also stated the facts as narrated in the complaint and upon due consideration of the statement(s) of complainant- Prafull Chandra Mishra and his witnesses, namely, Ramchandra Pathak and Jaswant Singh, the Magistrate passed the order dated 26.02.2024. 8. The copies of the statement(s) of above named witnesses placed before the Court are taken on record. 9. The aforesaid order dated 26.02.2024 has been affirmed by learned Additional Sessions Judge, Bahraich vide impugned order dated 31.05.2025 passed in Revision No.86 of 2024, filed by the applicants. 10. Considering the aforesaid particularly the statement(s) of above named witnesses of the complaint, this Court is of the firm view that for the purposes of summoning the applicants, the Magistrate has not committed any error as also the Revisional Court in affirming the same. 11. For the reasons aforesaid, this Court finds no force in the application. Accordingly, the present application is dismissed. Cost made easy. Order Date :- 6.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench