HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6644 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists, learned counsel for the opposite party no.2 and learned AGA for the State. 2. The present revision has been filed against the order dated 26.11.2024 passed by learned Additional Sessions Judge, Court No.3, Fatehpur in Session Trial No.859 of 2021 (State Vs. Dhananjay Bajpayee and others) arising out of Case Crime No.244 of 2021, Police Station Khaga, District Fatehpur by which the revisionists have been summoned to face the trial under Sections 302, 498-A IPC pursuant to application moved by the informant under Section 319 Cr.P.C. 3. It is submitted by the learned counsel for the revisionists that the perspective accused persons have falsely been implicated in the present case, however no crime whatsoever has been committed by them. The summoning order dated 26.11.2024 has been passed in a wrongful manner, whereas the cross examination of P.W.-2 namely the child of the victim has not yet been completed. It is further submitted that only witness, who has been shown to be present at the time of incident is P.W.-2, the son of the victim and his testimony is not yet completed. It is further submitted that P.W.-1, who is the brother of the deceased has also named the prospective accused and testimony of P.W.-2 is hearsay evidence. It is further submitted that, there is no other eye witness except the witnesses of circumstantial evidence or formal witnesses. The summoning order in respect of perspective accused is illegal arbitrary and prayed that the same is liable to be set aside. Versus Counsel for Revisionist(s) : Jitendra Singh, Rahul Saxena, Sonam Singh Counsel for Opposite Party(s) : G.A., Vikas Singh Sanjay Bajpayee And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 4. Per contra, learned AGA as well as learned counsel for the opposite party no.2 submits that, so far as the statement of the child witness is concerned, the same is sufficient to summon the perspective accused even if, there was no other witness present at the time of said incident took place. He further submitted that the said child in his examination-in-chief has categorically stated the involvement of the revisionists in commission of the said offence. It is further submitted that even if the examination has not yet been completed, the same will not defeat the objective and the purpose of summoning the perspective accused persons. It is further submitted that, it is a case, where the deceased has been strangulated by the in-laws, who are the perspective accused persons and also the neighbours of the in-laws of the deceased. The order passed by the learned Additional Sessions Judge, Court No.3, Fatehpur is in accordance with law and no interference is required by this Court. 5. Having regard to the rival contentions and the fact that only eye witness i.e. P.W.-2, who is the child of the deceased was aged about seven years old, at the time of commission of the offence and his testimony is not yet complete, though he has attained the age of ten years. Be that as it may, once the statement of P.W.-2 the child of the deceased is complete by all aspects, then only the court may arrive at appropriate findings, as to whether the involvement of the perspective accused persons has been found in the commission of said crime. At this stage, only one witness P.W.-1 has been examined, who has stated that he has narrated the story as per the hearsay evidence of P.W.-2, that it becomes all necessary, that once the statement of P.W.-2 is complete, the learned Additional Sessions Judge shall be at liberty to pass an order afresh, however order dated 26.11.2024 passed by learned Additional Sessions Judge is liable to be set aside to the extent that no opinion is expressed as, far as prospective accused Shiv Kumar Shukla has not been summoned. 6. Under the aforesaid circumstances, the present revision is disposed of as stated above and the order dated 26.11.2024 passed by learned Additional Sessions Judge, Court No.3, Fatehpur is set aside except related to perspective accused Shiv Kumar Shukla. September 25, 2025 Sanjeet CRLR No. 6644 of 2024 2 (Harvir Singh,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad