HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6092 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists, learned A.G.A for the State, learned counsel for opposite party no. 2 and perused the material on record. 2. The present revision has been filed against the order dated 20.09.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad in Case No. 1344 of 2019, arising out of Case Crime No. 306 of 2018, under Sections 452, 323, 504, 506 of IPC, Police Station Chhajlet, District Moradabad by which the discharge application moved by the revisionists has been dismissed. 3. Learned counsel for the revisionists has submitted that while moving an application for discharge, the revisionists in para 8 and 9 of the application submitted that revisionist no. 3 Mukesh Kumar was not present at the place of incident, rather he was discharging his official duty in the hospital Kare Partners Heart & Intensive Care, District Muzaffarnagar, Khatauli and, therefore, the participation of the revisionist no. 3 in the said incident does not arises. The revisionist herein in para 9 have stated that the revisionist no. 2 was studying in I.F.T.M. University, Moradabad, which is also away from the place of incident and was appearing in the VIIth Semester examination of B.Tech and, therefore, the presence of the revisionist no. 2, at the time and place of incident does not arise, thus revisionist nos. 2 and 3 have taken plea of ali-bi, which is supported by the documentary evidence i.e. a certificate of being present in the hospital and also the time table of examination of VIIth Semester of B.Tech, I.F.T.M., University, Moradabad, if that is so, the presence and involvement of revisionist nos. 2 and 3 cannot Versus Counsel for Revisionist(s) : Swati Pandey, Vikas Mishra Counsel for Opposite Party(s) : G.A., Kamesh Kumar Arya Ashok And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) be considered by any stretch of imagination and submits that the order passed by the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad is liable to be set aside. 4. Learned counsel for the revisionists has submitted that in respect of their non presence at the place of incident and their presence elsewhere was not at all considered by the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad, while passing the order dated 20.09.2024. Had the said fact would have been considered by learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad, probably the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad, would have arrived at appropriate findings. 5. Arguments of learned counsel for the revisionists is that the said documents was genuine and would have been verified from the concerned authorities, if there was any suspicion, with regard to the correctness, accuracy and genuineness of the document. Learned counsel has submitted that both the parties are in litigation with each other, for the past about 10 years and had lodged complaint against each other from time to time. 6. Per contra, learned A.G.A. appearing for the State, has submitted that the documents of attendance therewith the application are may or may not be a part of the investigation and he further submits that in the event, these documents were not supplied to the Investigating Officer, no cognizance whatsoever can be taken in respect of the documents submitted by the revisionist nos. 2 and 3 and prayed that the present revision is liable to be dismissed. 7. Having regard to the rival contentions made by the learned counsel for the parties, and perusal of order dated 20.09.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad is concerned, the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad did not consider the fact of ali-bi at the time of passing the said order, since the revisionist nos. 2 and 3 have annexed the documentary evidence of not being present at the place of incident, even then the said order has been passed. However, without going into other controversies it may imply that the learned Additional Chief Judicial Magistrate, Court No. 4, Moradabad may consider the certificates of presence of the revisionist nos. 2 and 3, at two different places and thereafter shall pass the order afresh in accordance CRLR No. 6092 of 2024 2 with law, if the necessity demands, the learned Additional Chief Judicial Magistrate, Moradabad, shall be at liberty to get document verified and the concerned office from where these documents have been issued and on being satisfied shall pass afresh order, hence, order dated 20.09.2024 is hereby set aside. 8. Accordingly the present revision is allowed. 9. Matter is remanded back to the learned Additional Chief Judicial Magistrate, Moradabad to pass an appropriate order afresh as stated above. October 10, 2025 Vikram CRLR No. 6092 of 2024 3 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad