Neutral Citation No. - 2025:AHC:93403 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5758 of 2025 Petitioner :- Mohd Zubair Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atiqur Rahman Siddiqui 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 and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the order dated 16.04.2025, passed in Criminal Revision No. 443 of 2024 (Mohd Zubair Vs. State and others) and order dated 04.04.2022, passed in Complaint Case No. 1058 of 2022, passed by the learned Additional Chief Judicial Magistrate, 1st Saharanpur. It has been submitted by learned counsel for the petitioner that the learned Trial Court while passing the summoning order dated 17.08.2022 has not considered the material on record. Though as per the statement of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C., there are allegations in respect of administration of poisonous substance on account of which petitioner remained in the hospital for 2-3 days. Learned Trial Court did not consider the aforesaid facts and the witnesses produced before them and pass the interim order. From the perusal of record, it transpires that there is sufficient material to summon the respondents-accused and cognizable offence is made out against the respondent Nos. 2 to 5. Considering the aforesaid facts, the matter is hereby remitted back to the Court concerned with a direction to consider the allegations as well as statements of the complainant and witnesses recorded under Sections 200 and 202 Cr.P.C. alongwith other oral and documentary evidence and thereafter pass an appropriate order afresh, in accordance with law, expeditiously from the date of production of certified copy of this order. Thus, the present petition is accordingly, allowed. Order Date :- 30.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad