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2025 DAILYLAW 163833 (ALL)

REKHA SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7603/2025 · 2025-09-10

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7603 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated: 18.01.2020 passed by Judicial Magistrate, Bahraich in Complaint case No. 1492/2014 "Gudiya versus Bablu Singh and others" P.S.- Hardi, District- Bahraich pending in the Court of Judicial Magistrate, Bahraich as well as revisional order dated: 26.09.2024 passed in criminal revision No. 31/2020 "Rekha Singh and others versus State of U.P. and another" passed by Additional Sessions Judge /FTC-II Bahraich, Bahraich in the interest of justice." Considering the facts as indicated in the impugned order(s) as also the statement of injured-opposite party no.2 recorded in terms of Sections 200 and also the fact that the Magistrate and the Revisional Court took note of statement of injured-opposite party no.2 and also medical/injury report of opposite party no.2 and the principles related to considering the testimony/evidence of the injured witness according to which 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. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Rekha Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) State of Bihar (Now Jharkhand) (2021) 9 SCC 191 and Balu Sudam Khalde and another vs. State of Maharashtra, 2023 SCC OnLine SC 355, on being confronted, the learned Counsel for the applicants says that he may be permitted to withdraw the present application with liberty to the applicants to avail benefit of the judgment of Hon'ble Apex Court passed in the case of Satender Kumar Antil versus 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. To the aforesaid prayer, learned A.G.A. has no objection. Accordingly, the present application is dismissed with liberty as aforesaid. September 10, 2025 Jyoti/- A482 No. 7603 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench