HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4033 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist and learned opposite party nos. 2 to 10 and learned AGA for the State. 2. The present revision has been filed against the order dated 18.6.2024 passed by learned C. J. M., Kanpur Dehat in Case No. 14765 of 2022; Sarita Devi Versus Devi Naresh Kumar and others, by which Sections 376 D and 452 IPC have been left whereas there was sufficient evidence to constitute offence in these two sections against the accused, as they have committed the said crime, while the victim was at home and in all totality of facts and as per the evidence on record, particularly the statement of the victim recorded under Section 200 CrPC and statements of three other witnesses CW-1, CW-2 and CW-3 recorded under Section-202 CrPC. However, learned CJM ignored all the facts and statements of at least four witnesses, including the victim. Had the learned CJM considered the entire facts, the averments made in the complaint, then Section 376 D ought to have been ordered to be enquired in the said complaint, hence in the totality of the facts, order of the C. J. M. is bad in law, inasmuch as Sections 452, 376 (D) have been left out. 3. Learned counsel for the revisionist though fairly submitted that the said order dated 18.6.2024 was challenged in the proceedings under Section 482 before this Court and the said application under Section 482 CrPC has been dismissed and therefore the order dated 18.6.2024 has attained finality to that extent. 4. On the other hand, learned counsel appearing on behalf of opposite party nos. 2 to 10 submits that, the order passed by the learned C. J. M. dated 18.6.2024 summoning the opposite party nos. 2 to 10 under Sectons-323, Versus Counsel for Revisionist(s) : Prashant Kumar Singh Counsel for Opposite Party(s) : Ashutosh Mishra, G.A., Shailendra Kumar Ojha Sarita Devi .....Revisionist(s) State Of U.P. And 9 Others .....Opposite Party(s) 504 and 506 IPC is bad in law as the statements of the victim and other witnesses recorded prima facie have narrated a different story at different points of time and there is no continuity and coherence in the statements of the victim and other three witnesses. There are variations at large and certain contradictions and those contradictions do not at all support the prosecution version. 5. Learned counsel for opposite party nos. 2 to 10 has further submitted that all the four witnesses have narrated different stories leading to the incident but got mis-placed at one point of time or the other, while getting their statements recorded under Section 202 CrPC. In the statement made by the victim under Section 200 and the averments made in the complaint are to some extent exaggerated. Another reference has been made that the victim also wrote a letter to the Superintendent of Police by registered post dated 27.9.204 but the said letter is not on record. Any receipt of the registered letter has not been placed on the revision. 6. Be that, as it may. Since this Court has already upheld the order dated 18.6.2024 passed in the application filed under Section 482 CrPC, therefore, no further order is required to be passed, so far as the order dated 18.6.2024 is concerned. Besides the allegations that other sections particularly, Sections 452 and 376 D IPC is also made out because a plea can be taken by the complainant to be considered that, her statement under Section 200 CrPC and the averments made in the complaint are varying and particularly exaggerated in the said complaint. There is variation in the statements of the witnesses, hence as alleged by the complainant, Sections 452 and 376 D IPC are not made out in the given facts and circumstances of the case. However, it shall remain open to the parties to adduce respective evidence in their favour as and when trial commences. 7. The present revision is devoid of merit and is accordingly dismissed. September 11, 2025 HR (Harvir Singh,J.) CRLR No. 4033 of 2024 2 Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad