Neutral Citation No. - 2025:AHC-LKO:48089 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 972 of 2025 Applicant :- Sanjay Tiwari And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. This application under Section 528 of BNSS, 2023 read with Section 482 Cr.P.C. has been filed by the applicants Sanjay Tiwari S/o Ram Lakhan Tiwari, Ram Sajeewan Tiwari S/o Ram Lakhan Tiwari, Sandeep Tiwari S/o Ram Sajeewan Tiwari, Ram Kumar Tiwari S/o Ramraj Tiwari, Atul Tiwari (minor) S/o Ram Kumar Tiwari seeking following main relief (s) :- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Complaint Case No. 13574/2024, "Smt. Manju Devi Vs. Atul Tiwari and others", arising out of Complaint Case No. 13574/2024, under sections 323/354/427/452 IPC relating to Police Station- Wazeerganj, District- Gonda, pending in the court of Learned Civil Judge (Senor Division)/F.T.C. Naveen/A.C.J.M. Gonda as well as impugned Complaint no 13574/2024 dated 07/03/2024 (contained as Annexure no 3 to this petition) as well as impugned summoning order Dated 26/06/2024 as well as order dated 13/12/2024 (contained as Annexure no 2 and 1 to this petition), in the interest of law and justice." 3. Vide order dated 26.06.2024, the Civil Judge (Senior Division/F.T.C. Naveen/A.C.J.M.) Gonda (in short "Magistrate") summoned the applicants in Complaint Case No.13574 of 2024 (Smt. Manju Devi Vs. Atul Tiwari and others) for facing trial under Sections 323, 354, 427, 452 I.P.C. 4. Vide order dated 13.12.2024, passed by the Sessions Judge, Gonda (in short "revisional court") dismissed the Criminal Revision No.315 of 2024 (Atul Tiwari and others Vs. State of U.P. and another) filed by the applicants challenging the order dated 26.06.2024, passed by the Magistrate, indicated above. 5. The brief facts, which are borne out from the record, are as under :- (i) An F.I.R. was lodged on 31.01.2024 which was registered as F.I.R./Case Crime No.0028/2024, at Police Station- Wazeerganj, District - Gonda under Sections 323, 504, 506 I.P.C. by Smt. Pushpa Devi W/o Ram Sajeevan Tiwari against Avadhesh Tiwari S/o Chandresh Tiwari, Chandresh Tiwari S/o Rajbahadur Tiwari and Kalu Mishra S/o Suryabhan Mishra. (ii) After lodging of the aforesaid F.I.R. dated 31.01.2024, another F.I.R. was lodged at the same police station on 03.02.2024, registered as F.I.R./Case Crime No.0037 of 2024, under Sections 324, 323, 504, 506 I.P.C., and this F.I.R. was lodged by Chandresh Tiwari S/o Raj Bahadur Tiwari against Sandeep Tiwari S/o Ram Sajeevan Tiwari, Sanjay Tiwari S/o Ram Lakhan Tiwari and Atul Tiwari S/o Ram Kumar Tiwari. (iii) Opposite Party No.2 - Smt. Manju Tiwari W/o Avadhesh Tiwari, one of the accused in F.I.R. No.0028 of 2024 dated 31.01.2024, indicated above, filed a Complaint Case No.13574 of 2024 (Smt. Manju Devi Vs. Atul and others) making allegations therein to attract the offence under Sections 323, 504, 506, 452, 354, 392 I.P.C. Police Station - Wazeerganj, District - Gonda. (iv) According to the aforesaid complaint, the injured (complainant-Manju Devi) was assaulted by the present applicants on 27.02.2024 for the reason that they asked the injured - complainant to enter into a compromise in relation to the criminal case arising out of Case Crime No.0037/2024, dated 03.02.2024 and the injured - opposite party No.2 was also manhandled. (v) The opposite party No.2-complainant-Manju Devi is an injured witness, as appears from the copy of the injury report (Annexure No.6 to the present revision). According to Annexure No.6, the injured sustained 05 injuries which are simple in nature out of which one injury i.e. injury no. 1 could be caused by hard and blunt object and further according to the same the injury could be sustained on 27.02.2024 as the injury report is of 29.02.2024 and as per the opinion of Doctor concerned the injuries were two days' old. (vi) The opposite party No.2-complainat-Smt. Manju Devi, the injured has supported the story set up by her in the complaint. (vii) It is to be noted that the evidence/testimony of the injured witnesses has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly as observed by the Hon'ble Apex Court in the case (s) 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; Laxman Singh vs. State of Bihar (Now Jharkhand) (2021) 9 SCC 191 and Balu Sudam Khalde and another vs. State of Maharashtra, 2023 SCC OnLine SC 355. 5. Upon due consideration of aforesaid facts and the law related to the testimony of the injured witness as also the observations made by the Hon'ble Apex Court in the case of U.P. Pollution Control Board Vs. Dr. Bhupendra Kumar Modi & Anr. (2009) 2 SCC 147 (referred in the judgment of the revisional court), this court finds that no interference is required in the matter. 6. Accordingly, the revision petition is hereby dismissed. Order Date :- 18.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench