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2025 DAILYLAW 193947 (ALL)

BHURE SINGH v. STATE OF U.P. AND 2 OTHERS

CRLR/1278/2024 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1278 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. List has been revised. None has been appeared on behalf of the revisionist. 2. Heard learned AGA for the state, learned counsel for the opposite party nos. 2 and 3 and perused the material on record. 3. The instant revision has been filed against the order dated 20.12.2023 passed by the learned Additional Sessions Judge/Special Judge, (Essential Commodities Act), Budun, in Sessions Case No. 745 of 2022, (State Vs. Sukhveer and Others), arising out of Case Crime No. 290 of 2021, Under Sections 306, 323, 504 of IPC, Police Station Islamnagar, District Budun, by which the said order dated 20.12.2023 an application moved by the informant, summoning the prospective accused namely Rajni and Rakesh has been rejected. 4. Learned counsel for the appearing on behalf of the opposite party nos. 2 and 3 has submitted that pursuant to lodging of the F.I.R., learned Additional District and Sessions Judge/Special Judge, (Essential Commodities Act), District Budun has passed a final judgment dated 16.08.2024 by which, the accused persons namely Sukhveer, Rashmi and Sunita were charge-sheeted in the said case crime have been acquitted of charge under Section 306, 323/34, 504 of IPC. Learned counsel for the opposite party nos. 2 and 3 has further submitted that, since the trial has finally been concluded and the main accused persons have also acquitted. The present revision is only a matter of academic consideration and nothing more. 5. Having regard to the fact that, final judgment in the said case crime no. Versus Counsel for Revisionist(s) : G.A., Perdeep Kumar Vishnoi Counsel for Opposite Party(s) : Ehtesham Akhtar, G.A., Hari Bans Singh Bhure Singh .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) 290 of 2021 has been passed and the main accused persons have already been acquitted, no purpose whatsoever would be served, if the opposite party nos. 2 and 3 are summoned to face trial at this stage. However, perusal of the judgment dated 16.08.2024 based by learned Additional District and Sessions Judge/Special Judge, (Essential Commodities Act), District Budun revels that, there is only one witness namely Bhure Singh, who is the brother of the deceased and is not the eye witness and during the course of the testimony of the said witness, Bhure Singh the revisionist herein has stated that, he was not the eye witness to the incident and only heard about the incident from somebody else, who was the resident of village Sitholi, who was informed that his brother committed suicide, in an agricultural field on being harassed by the in-laws, as a matter of fact, there is not even a single witness of the entire incident and the case was based on circumstantial evidence. Moreover, the perusal of the order dated 20.12.2023 revels that the prospective accused Rakesh is mentally retarded person, below the age of 18 years and the accused persons Rajni is a married lady, who is sister of accused Rakesh, residing at some other place and based on the same fact, an application of the revisionist moved under Section 319 Cr.P.C has been dismissed, it is on both counts, i.e. a final judgment has been passed rendering acquittal of the main accused persons. Moreover, there was no sufficient evidence to summoning to the prospective accused person i.e. opposite parties nos. 2 and 3, in the present revision, hence, no infirmity is found in the order dated cases 20.12.2023 passed by the learned Additional Sessions Judge/Special Judge, (Essential Commodities Act), Budun, hence the present revision is liable to be dismissed. 6. The present revision is devoid of merit and is accordingly dismissed. October 7, 2025 Vikram CRLR No. 1278 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad