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2025 DAILYLAW 157961 (ALL)

SUNEEL SHARMA @ SUNEEL KUMAR VERMA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/6725/2025 · 2025-08-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48351 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6725 of 2025 Applicant :- Suneel Sharma @ Suneel Kumar Verma And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ved Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard Sri Ved Prakash Shukla, learned counsel for the applicants, Sri Arun Kumar, learned AGA for the State and perused the record. 2. The instant application has been filed for the following main relief:- "Quash the impugned order dated 19.07.2025 passed by Additional Sessions Judge, Room No. 1, Gonda in Criminal Revision No. 142/2025 (Suneel Verma and another Vs. State of U.P. and another), as well as the summoning order dated 09.01.2025 issued by Civil Judge (J.D.), Room no. 2, Gonda, in complaint case no. 3042 of 2023 (Smt. Phoola Devi vs. Suneel Sharma and Ors.), contained as Annexure No. 1 & 2 to this Petition respectively." 3. By means of this application the applicants has impeached the order dated 09.01.2025 passed by Civil Judge (J.D.), Room no. 2, Gonda (in short 'Magistrate'), in complaint case no. 3042 of 2023 (Smt. Phoola Devi vs. Suneel Sharma and others). 4. By the order dated 09.01.2025, the Magistrate after taking note of the statement of the complainant, namely, Smt. Phoola Devi and the statement(s) of the witnesses of the complaint namely Ramu/PW 1, Badri Prasad/PW 2 , Ram Ajor/PW 3, recorded under Section 202 Cr.P.C. as also the documentary evidence including the medical/injury report summoned the revisionists to face the trial for the offence under Sections 354/323/506 I.P.C. 5. The revisionists have also challenged the order dated 19.07.2025, passed by the Additional Sessions Judge, Room No. 1, Gonda (in short 'revisional court') in Criminal Revision No. 142/2025 (Suneel Verma and another Vs. State of U.P. and another), wherein the order dated 19.01.2025, passed by the Magistrate in complaint case no. 3042 of 2023 (Smt. Phoola Devi vs. Suneel Sharma and others) was assailed. By this order dated 19.07.2025, the revisional court dismissed the revision and affirmed the order of the Magistrate dated 09.01.2025. 6. The challenge has been made to the aforesaid order(s) on the grounds (i) discrepancies/contradictions in the statement(s) of witnesses of the complaint, (ii) person who was present namely Sita Ram, whose name has come in the statement of the injured witness Smt. Phoola Devi (a victim also) recorded on 11.04.2023 in terms of Section 200 Cr.P.C., was not produced before the Magistrate for the purposes of recording of his statement under Section 202 Cr.P.C. 7. Shri Arun Kumar Pandey, learned A.G.A. has opposed the present application. He has submitted that the complainant is an injured victim and she was duly examined at the Government Hospital on 19.10.2021 and according to the facts pleaded in the complaint under Section 156 (3) Cr.P.C. and her statement recorded before the Magistrate under Section 200 Cr.P.C. the incident is of 16.10.2021 at about 6.00 P.M. as also stated that the testimony of the injured witnesses is having 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 and in this view of the matter the order(s) impugned are not liable to be interfered with. Prayer is to dismiss the present application. 9. Upon due consideration of the aforesaid as also the fact which borne out from the record including that according to the complaint under Section 156(3) Cr.P.C. filed by the injured victim the incident is of 16.10.2021 at about 6.00 P.M. and the same date and time has been indicted by the injured victim in her statement recorded on 11.04.2023 before the Magistrate under Section 200 Cr.P.C. as also that injured victim narrated the allegations before the Magistrate as leveled by her in the application under Section 156 (3) Cr.P.C. against the revisionists, according to which the applicants torn the clothes of the injured-victim, as also the medical/injury report of the injured-victim annexed as Annexure No.8 to the present application and further the principles related to considering the testimony/statement of the injured witness indicated by the Hon'ble Apex Court in the cases referred above, this court finds no force in the present application. 10. Accordingly, the present application is dismissed. Cost made easy. Order Date :- 19.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench