Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 4388 of 2025 Petitioner :- Praveen Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ishwar Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondent no.1 and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief:- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.11.2024 passed by Additional Sessions Judge, Court No.4, Ballia in criminal Revision No.125 of 2023 (Pramod Tiwari Vs. State of U.P. and others) as well as order dated 17.07.2023 passed by Additional Chief Judicial Magistrate-I, Ballia in Criminal Case NO.434 of 2021 (State Vs. Munna Tiwari and others) arising out of Case Crime NO.07 of 2021 under Section 323, 504 and 506 I.P.C., Police Station- Rasra, District-Ballia. It has been submitted by the learned counsel for the petitioner that the petitioner lodged an FIR No.0007 of 2021, under Sections 323, 504, 506 I.P.C. at P.S. Rasra, District- Ballia against the respondent nos.2 to 5, wherein after the submission of the charge-sheet, the learned Magistrate took cognizance of the offence on 01.04.2021, under Sections 323, 504 and 506 I.P.C., though there were two injured persons Praveen Tiwari (the petitioner) and Om Prakash Tiwari, who had suffered several lacerated wounds on the skull. The main submission of the learned counsel for the petitioner is that though the protest petition was already on record but the learned Magistrate did not take cognizance under Sections 308 and 392 I.P.C. though there was sufficient material on record rather the application was rejected on the ground that the learned Magistrate has no power to review the order passed by itself. It has been submitted that the petitioner shall suffer irreparable loss and shall cause prejudice, in case, the respondent nos.2 to 5 are not proceeded under Sections 308 and 392 I.P.C. Considering the aforesaid submissions, it is hereby directed to the court concerned that in case the petitioner moves a fresh application in light of above, the same shall be considered and disposed of before framing of the charges. With aforesaid direction, the petition is disposed of. Order Date :- 19.8.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad