Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6434 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the revisionist and learned AGA for the State.
2. This criminal revision has been preferred against the order dated 7.8.2025 passed by ACJM, Court No.3/Additional Civil Judge (SD), Rampur in Case No.305 of 2025 (State vs. Rashid) arising out of Case Crime No.78 of 2025 under Sections 318(4), 336(3), 340(2), 352, 351(3), 316(2) of B.N.S., Police Station-Saifani, District-Rampur.
3. The FIR had been registered under Sections 318(4), 338, 336(3), 340(2), 352, 351(3), 316(2) of B.N.S. at Police Station-Saifani, District- Rampur and the charge-sheet has been filed under the same sections. At the time of taking cognizance, after perusal of the material evidences before the court, the court did not found the offence made out under Section 338 B.N.S., 2023 and took the cognizance in all other sections under charge-sheet.
4. Prima facie, in the FIR, there is no ingredient of Section 338 of B.N.S., 2023, hence, during the trial, if any evidence has been produced by the prosecution, then this particular issue may be raised by the revisionist at the relevant time before the trial court.
5. Presently, there is neither any illegality nor irregularity in the impugned order dated 7.8.2025 passed by ACJM, Court No.3/Additional Civil Judge (SD), Rampur. Hence, the criminal revision is liable to be dismissed at the Versus Counsel for Revisionist(s) : Rajesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Wahid Husain @ Bablu .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
stage of admission.
6. It is dismissed, accordingly. October 15, 2025 LN Tripathi CRLR No. 6434 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad