Neutral Citation No. - 2025:AHC:32292 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2226 of 2025 Petitioner :- Aashu Respondent :- Aalim Alias Gholu And 3 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Prajjwal Tyagi, learned counsel appearing on behalf of petitioner and learned AGA for respondent no. 4-State. 2. Present petition has been preferred with the following prayers:- "i) set aside the impugned order 11/11/2024 (Annexure no. 1) passed by Additional Sessions Judge, Meerut in Revision no. 420 of 2024 and the impugned summoning order dated 27/3/2024 (Annexure no. 2) passed by Additional Chief Judicial Magistrate, Meerut. ii) direct the learned Magistrate to summon the accused persons under sections 323, 324, 307, 308, 504, 506, 120B IPC on the basis of evidence and medical report." 3. The instant petition has been preferred for challenging the order dated 11.11.2024 passed by learned Additional Sessions Judge, Meerut in Criminal Revision no. 420 of 2024 arising out of summoning order dated 27.03.2024 passed by learned Additional Chief Judicial Magistrate, Meerut. 4. Learned counsel appearing on behalf of petitioner although did not create any dispute with regard to summoning order but at the same time submitted that there must be some more sections over which the summoning order has to be issued by learned Additional Chief Judicial Magistrate and that is why, the summoning order has been put under challenge only for seeking enhancement of certain sections, especially Section 307 IPC at the time of preferring criminal revision before learned revisional court but the same has not been given any credence on the basis of injury report which has been thoroughly argued at the time of passing of order dated 11.11.2024, which impugned the present petition. 5. Learned counsel for the petitioner while substantiating his arguments, relied upon judgment rendered by Hon'ble Supreme Court in case of Vasant Vithu Jadhav vs. State of Maharashtra decided on 09.03.2004 reported in 2004 (9) SCC 31 wherein the ratio of the judgment has been apprised by learned counsel for petitioner that mainly on the basis of the medical report which does not clearly reflect that the injuries are grievous in nature, the acquittal in favour of accused cannot be determined over the report submitted by concerned doctor whereas the intention of the accused was very much clear by way of causing injury upon the injured which was simple in nature but with intention to cause death of the victim. 6. The analogy drawn by learned counsel for the petitioner in the matter arising out of Criminal Complaint Case no. 22114 of 2022 (Ashu vs. Alim alias Gholu and others), wherein respondents were summoned in pursuance to sections 325, 504 and 506 of IPC only, the ratio of the judgment of Vasant Vithu Jadhav (supra) is squarely covering the entire elements available in the instant petition and as such the same has to be considered by this Court. 7. Since the arguments raised by learned counsel for petitioner is over legal issues and as such process of issue notice to respondent nos. 1 to 3 is hereby dispensed with. 8. Arguments raised by learned counsel for the petitioner is having force and as such order dated 11.11.2024 passed by learned Additional Sessions Judge, Meerut in Revision no. 420 of 2024 is hereby set aside. Matter is remitted back to learned revisional court for deciding Criminal Revision no. 420 of 2024 (Ashu vs. Alim alias Gholu and others) afresh in the light of the judgment rendered by Hon'ble Apex Court in case of Vasant Vithu Jadhav (supra) especially considering the several injuries which has been reported by the concerned examining doctor which is apparent from the record itself. The above mentioned exercise shall be completed within stipulated period of four months by way of rendering proper opportunity of hearing to all concerned. 9. The instant petition stands partly allowed accordingly. Order Date :- 6.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad