Neutral Citation No. - 2025:AHC:64946 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4162 of 2025 Petitioner :- Suresh Chandr Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Ranjan,Jahar Singh (Kashyap),Stuti Singh Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Learned counsel for the petitioner states that an FIR Case Crime No.165 of 2018 was registered against opposite party Nos.2 to 5 under Sections 147, 352 & 323 at Police Station Suriyawan, District Bhadohi. After investigation, the charge-sheet was filed under Sections 323, 325, 326 & 352 IPC against the opposite party Nos.2 to 5. Learned trial court took cognizance on 03.05.2019 and thereafter on 11.02.2022, the opposite party Nos.2 to 4 filed a discharge application and the same was dismissed vide order dated 23.05.2022. 3. Aggrieved by the discharge, the opposite party Nos.2 to 6/accused preferred a revision petition and the same was remanded back vide order dated 12.05.2023 for a fresh consideration. The trial court vide order dated 09.08.2024 partly allowed the discharge application by deleting Sections 326 & 352 IPC. 4. Aggrieved by the deletion of Sections 326 & 352 IPC, the complainant/petitioner preferred a revision petition and the same was dismissed vide impugned order dated 30.01.2025. He next submits that the finding recorded by the revisional court in paragraph No.26 warrants indulgence of this Court by submitting that the ingredients of Section 326 IPC are attracted in given facts and circumstances of the case. The victim received injury on the head by a sharp aged weapon by the accused, therefore, the finding is erroneous. Hence, prayer for setting aside the order dated 09.08.2024. 5. Learned AGA invited attention of the Court to the statement of doctor Prasant Bhushan recorded in CD No.24 on 18.01.2019, wherein, it is stated that the petitioner has received an injury on eye and because of that, the eye lense of injured got damaged and he is not in a position to see things properly and further the injured has not able to see from his left eye. 6. After hearing the learned counsel for the petitioner, perusing the material on record as well as all the orders passed by the Court of learned Magistrate and learned revisional Courts and after perusal of the injury report annexed at page No.44 of the petitioner Suresh Chand Bind, the instant petition is allowed with a direction to the concerned Magistrate to pass a fresh order after taking into consideration the statement of Doctor Prasant Bhushan recorded in CD No.24 along with the other materials collected by the investigating officer during the investigation particularly the statement of the injured. 7. Consequently, the writ petition is allowed in aforesaid terms. Order Date :- 28.4.2025 R.S. Tiwari Justice Vinod Diwakar Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad