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2025 DAILYLAW 156957 (ALL)

YASHVEER SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLR/865/2025 · 2025-08-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46768 Court No. - 11 Case :- CRIMINAL REVISION No. - 865 of 2025 Revisionist :- Yashveer Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard. 2. The present revision has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:- (i) Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set-aside order dated 11.07.2025 passed by the court of the Addl. District & Session Judge/Special fast Track Court no.-1 Lucknow in Crl. Case no. 114032 of 2024 crime no. 378 of 2024 under section- 64(1) 351(2) BNS and 67 I.T. Act, P.S.-Sarojini Nagar Lucknow." 3. By means of the present revision, the revisionist has impeached the order dated 11.07.2025 passed by Additional District and Sessions Judge/Special Fast Track Court No.1, Lucknow (in short trial court), in Criminal Case No. 114032 of 2024 whereby the trial court rejected the two applications preferred by the revisionist/defence i.e. Application No. A-5/1 and Application No. A-6/1. 4. The Application No. A-5/1 was preferred for further investigation with a prayer to pass the order for further investigation. 5. The Application No. A-6/1 was preferred for summoning the evidence i.e. CFSL report. 6. In regard to the applications i.e. Application No. A-5/1 and Application No. A-6/1, this Court is of the view that trial court has not committed any illegality or irregularity in the order impugned. It is for the following reasons:- (i) The accused has no right to be heard at the stage of investigation. In this regard this Court took note of the judgment(s) passed by the Hon'ble Apex Court in the case of Union of India v. W.N. Chadha, 1993 Supp (4) SCC 260 : 1993 SCC (Cri) 1171, Romila Thapar v. Union of India, (2018) 10 SCC 75, and passed by this Court in the case of Preeti Singh v. State of U.P. 2023 SCC Online All 1410, Vishal Tripathi v. State of U.P. 2024 SCC Online All 4837, (ii) The application for summoning the evidences was preferred at the stage of framing of charges. 7. For the reasons aforesaid, the present revision is dismissed. Order Date :- 11.8.2025/Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench