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2025 DAILYLAW 203636 (ALL)

SAMEER KUMAR MAURYA @ MANNU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1144/2025 · 2025-10-13

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1144 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. 2. The instant criminal revision under Section 438/442 of BNSS, 2023 has been filed against the judgment and order dated 03.09.2025, passed by the Additional District & Session Judge/Special Judge, PC Act, Court No.5, Lucknow in S.T. No.863/2012 (State of U.P. Vs. Indrajeet & others) relating to Case Crime No.284/2011 under Section 323, 504 I.P.C., Police Station - Malihabad, District -Lucknow by which the revisionist has been summoned on the application under Section 358 BNSS, 2023 (akin to Section 319 Cr.P.C.) filed by the complainant Pramod Kumar. 3. On being confronted, after taking note of the facts of the case as also the observations regarding the testimony of an injured witness made in the judgments passed in the case of State of M.P. vs. Mansingh, (2003) 10 SCC 414; Jarnail Singh v. State of Punjab, (2009) 9 SCC 719; Balraje @ Trimbak v. State of Maharashtra, (2010) 6 SCC 673; Abdul Sayeed vs. State of M.P., (2010) 10 SCC 259; State of U.P. vs. Naresh, (2011) 4 SCC 324; Laxman Singh vs. State of Bihar (Now Jharkhand) Versus Counsel for Revisionist(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A. Sameer Kumar Maurya @ Mannu .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) (2021) 9 SCC 191; Balu Sudam Khalde and another vs. State of Maharashtra, 2023 SCC OnLine SC 355], the learned counsel for the revisionist stated that he may be permitted to withdraw the revision and the same may be dismissed accordingly with liberty to the revisionist to avail the benefit of the judgment passed in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, according to which once the investigation is over and the charge-sheet is filed then the accused should be asked to appear before the Court concerned and should furnish bail bonds to the satisfaction of the trial court. 4. Accordingly, the instant criminal revision is dismissed as withdrawn with liberty as prayed for. October 13, 2025 ML/- CRLR No. 1144 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench