Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189242 (ALL)

ABDUL HAMEED v. STATE OF U.P. AND ANOTHER

CRLR/1066/2024 · 2025-10-07

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1066 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned counsel for opposite party no. 2 and learned A.G.A. for the State are present. 2. Present revision has been preferred against the order dated 12.2.2024 passed by learned Additional Sessions Judge, F. T. C.-I, Bhadohi in Sessions Trial No. 182 of 2022 (State of U. P. Versus Injmam and another, arising out Case Crime No. 23 of 2022, under Sections-354-D, 506, 376 IPC, by which the application filed by the revisionist / informant under Section 319 CrPC for summoning Chanda Devi as prospective accused, has been rejected. 3. Learned counsel for the revisionist has submitted that there was sufficient evidence before the trial court on the basis of which Smt. Chanda, who was initially nominated by the informant in his written complaint (tehrir), though not arraigned as an accused in the first information report, could have been summoned to face trial as prospective accused and the impugned order passed by the trial court in exercise of its power under Section 319 Cr.P.C. is totally erroneous. 4. Learned A. G. A. as well as learned counsel for opposite party no. 2 have submitted that the order passed by learned Additional Sessions Judge, F. T. C.-I, Bhadohi is in accordance with law, therefore, no interference is called for with the impugned order dated 12.2.2024. 5. Having heard rival contentions and perusing the impugned order as well as the materials brought on record, I find that, there was sufficient evidence before the trial court for summoning Smt. Chanda for facing trial as Versus Counsel for Revisionist(s) : Mohd. Nasim Ahmad Counsel for Opposite Party(s) : G.A., Triloki Nath Abdul Hameed .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) prospective accused since P. W. 1, P. W. 2 and P. W. 3 have categorically named Smt. Chanda / opposite party no. 2 to be involved in commission of the crime. 6. In view of the above, the order dated 12.2.2024 passed by learned Additional Sessions Judge, F. T. C.-I, Bhadohi is hereby set aside and the matter is remanded back to the concerned trial Court for passing order afresh. 7. Revision is disposed of with the aforesaid observation. October 8, 2025 HR (Harvir Singh,J.) CRLR No. 1066 of 2024 2 Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad