HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7830 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rishi Kumar Tripathi, learned counsel for the petitioners and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of an order dated 24.04.2024 passed by the Judicial Magistrate-II, Gonda in case No.6047 of 2020 summoning the petitioners for trial of offences under Sections 323, 379 of I.P.C. The petitioners had filed Criminal Revision No.260 of 2024 against the aforesaid order, which has been dismissed by means of a judgment and order dated 13.05.2025 passed by learned Additional Sessions Judge / Special Judge (POCSO) Act, Gonda and the validity of this order has also been challenged by the petitioners. 3. The learned counsel for the petitioners has submitted that no case for trial is made out besides the offence under Section 323 IPC. 4. When an allegation is made out in case for trial of the petitioners in furtherance of a complaint filed against them, merely because one section is not made out as per the petitioners, will not make out a ground for quashing of the summoning order or revisional order. It is always open for the accused persons to file an appropriate application before the trial court for delition / addition / alterations of sections. 5. Accordingly, this Court is of the considered view that the impugned Versus Counsel for Petitioner(s) : Rishi Kumar Tripathi, Jitendra Kumar Upadhyaya, Manish Barnwal, Suresh Kumar Pandey Counsel for Respondent(s) : G.A. Mangli Prasad And 4 Others .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another .....Respondent(s) orders do not suffer from any illegality so as to warrant interference by this Court in exercise of its extraordinary jurisdiction and the writ petition is dismissed. 6. It shall be open for the petitioners to file a suitable application for deletion of any section before the trial court which application shall be decided in accordance with law. August 26, 2025 S. Shivhare CRLP No. 7830 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench