Neutral Citation No. - 2025:AHC:57272 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3814 of 2025 Petitioner :- Mohd Umar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner as well as the learned A.G.A. appearing for the State-respondent. 2. The present petition has been filed seeking quashing of the order dated 13.08.2024 passed by the learned Additional District and Sessions Judge, Court No. 4, Bijnor, in Criminal Revision No. 140 of 2022 (Mohd. Umar v. State of U.P. and Others), and the order dated 12.04.2022 passed by the Judicial Magistrate/Civil Judge (Junior Division), Bijnor, in Case No. 260 of 2019, under Sections 323, 420, 504, 506 IPC, Police Station Kotwali City, District Bijnor. The petitioner has further prayed for issuance of summoning orders against respondent nos. 2 to 5 to face trial in the said case. 3. Learned counsel for the petitioner contends that the revision was dismissed solely on the ground that the complainant failed to produce any documentary evidence to demonstrate that the doctor who performed the surgery lacked the requisite qualifications or experience. He submits that the relevant documents were in the possession of the private respondents, and therefore, the petitioner could not be expected to produce them. 4. Upon perusal of the impugned orders and after considering the submissions advanced, this Court is of the view that the learned Magistrate did not adequately consider the fact that the documents in question were not in the possession of the complainant/petitioner but the same are with the private respondents, as stated. In such a situation, the petitioner cannot be put to fault to produce the incriminating material, which is not in his possession. 5. In view of the above, the impugned orders dated 13.08.2024 and 12.04.2022 are set aside. 6. The matter is accordingly remanded to the Court of the Judicial Magistrate concerned for reconsideration of the case afresh, in accordance with law, after affording due opportunity of hearing to the parties, and keeping in mind the observations made in Lalita Kumari v. State of U.P. and Others, (2014) 2 SCC 1. 7. The petition is, accordingly, disposed of. Order Date :- 18.4.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad