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2025 DAILYLAW 159248 (ALL)

LALSA YADAV @ LALSA PRASAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLR/920/2025 · 2025-08-25

Saurabh Lavania

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 920 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the revisionist and learned AGA for the State as well as perused the record. The present revision has been filed by the applicant for the following main relief(s):- "Wherefore, it is, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant Criminal Revision and set aside the impugned order dated 04.07.2025 passed by Learned Additional Session Judge, Fast Track-First, Ambedkar Nagar in Session Trial No. 140/2022 (State Vs. Shailesh Yadav & others) arising out of FIR/Case Crime No. 122/2020 under section 147, 148, 308,323,324,325,504,506 IPC, Police Station Jaitpur, District Ambedkar Nagar, in the interest of justice. It is further prayed that this Hon'ble Court kindly be pleased to reject the application under section 319 CrPC bearing No.14-B filed by the respondent-Ravindra Yadav in Session Trial No. 140/2022 (State Vs. Shailesh Yadav & others) arising out of FIR/Case Crime No. 122/2020 under section 147, 148, 308,323,324,325,504,506 IPC, Police Station Jaitpur, District Ambedkar Nagar, in the interest of justice." After taking note of various pronouncements rendered by the Hon'ble Apex Court in the case of Hardeep Singh Vs. State of Punjab, (2014) 3 SCC 92; Brijendra Singh and Others Vs. State of Rajasthan, (2017) 7 SCC 706; Versus Counsel for Revisionist(s) : Sanjay Kumar Yadav, Mukesh Kumar Tewari, Saumya Yadav Counsel for Opposite Party(s) : G.A. Lalsa Yadav @ Lalsa Prasad And 2 Others .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Rajesh and Others Vs. State of Haryana, (2019) 6 SCC 368; Manjeet Singh Vs. State of Haryana & Ors., (2021) 18 SCC 321; Sukhpal Singh Khaira Vs. State of Punjab, (2023) 1 SCC 289 and Yashodhan Singh and Others Vs. State of U. P. and Others, (2023) LiveLaw (SC) 576 : 2023 INSC 652, as per which, the evidence led before the trial court is to be considered while exercising power under Section 319 Cr.P.C. and an accused can be summoned in exercise of power under Section 319 Cr.P.C. to face the trial on the basis of testimony of single witness, on being confronted, learned counsel for the revisionist, after arguing the matter at some length, says that the instant revision may be disposed of with liberty to the revisionist to seek benefit of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), the instant revision is disposed of with liberty as prayed for. August 25, 2025 Arun/- CRLR No. 920 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench