HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1743 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned Counsel for the revisionist, learned AGA for the state, learned counsel for the opposite party nos. 2 to 6 and perused the material on record. 2. The present revision has been filed against the order dated 29.01.2024 passed by learned District & Sessions Judge, Kanpur Dehat, in Sessions Trial No. 2161 of 2023 (State of U.P. Vs. Deepak and Others), arising out of Case Crime No. 321 of 2023, under Sections 302, 201 and 34 IPc, Police Station Ghatampur, District Kanpur Dehat. 3. The revisionist herein sought further investigation in the matter from some other agency than the police. 4. Learned for the revisionist has submitted that, though the charge in the present case crime no. 321 of 2023 has been framed and examination of the witnesses is under process and by now few witnesses would have been completed. Learned counsel for the revisionist, has further submitted that, even if charges are framed and trial has commenced, there is no bar for further investigation, if the situation so warrants, in order to bring more facts on record and prayed that order dated 29.01.2024 is liable to be set aside. 5. Per contra, learned counsel for the appearing on behalf of the opposite party nos. 2 to 6 has submitted that three accused persons i.e. opposite party nos. 2, 3 and 4 are already facing trial and no evidence against the opposite party nos. 5 and 6 was found during the course of investigation, hence they were dropped in the charge-sheet. Learned counsel for the opposite party Versus Counsel for Revisionist(s) : Mukesh Kumar Counsel for Opposite Party(s) : G.A., Sarvesh Abhay Pratap Singh .....Revisionist(s) State Of Up And 5 Others .....Opposite Party(s) nos. 2 to 6 has next submitted that no prospective accused can be summoned merely on the basis of statement recorded under section 161 Cr.P.C by the Investigating Officer. It has further been submitted that, the revisionist will have liberty, if so advised that, he may moved an application under Section 319 Cr.P.C for summoning other co-accused persons. Learned counsel for the opposite party nos. 2 to 6 has lastly submitted that, there is no infirmity in the order dated 29.01.2024 passed by learned District & Sessions Judge, Kanpur Dehat, and prayed that no interference is being called for, in the present revision. 6. Having regard to the rival contentions made by learned counsel for the parties and perusal of order dated 29.01.2024, reveals that the revisionist is seeking further investigation, wherein trial has already commenced and probably few witnesses have been examined and sought a further prayer that the matter be investigated by some other agency, than the police. However, the fact remains that, Investigating Officer after collecting available material has submitted a charge-sheet, implicating the 3 accused persons in the present case crime and, therefore, it cannot be said that the investigation carried out is illegal and arbitrary. 7. Under such circumstances, the present revision is liable to be dismissed. The present revision is devoid of merit and is accordingly, dismissed. 8. However, the revisionist shall be at liberty to take appropriate legal remedy at appropriate stage, if so advised in accordance with law. October 7, 2025 Vikram CRLR No. 1743 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad