Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7416 of 2024 Petitioner :- Vijendra Kumar Sharma Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Vidit Narayan Mishra Counsel for Respondent :- Saurabh Kesarwani, Utkarsh Birla,Akanksha Gaur,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Vidit Narayan Mishra, learned counsel for the petitioner, Ms Akanksha Gaur, learned counsel for respondent nos. 6 and 7, learned A.G.A and perused the record. The instant writ petition under Article 227 of the Constitution of India has been filed to set aside the impugned order dated 06.05.2023 passed by Additional Chief Judicial Magistrate, Khurja, Bulandshahar in Criminal Case No. 1555 of 2018 arising out of Case Crime No. 16A/1994 (State Vs. Rakesh and others) under Sections 323, 325 I.P.C., P.S. Pahasu, District Bulandshahr and impugned order dated 07.05.2024 passed by Additional District Judge, Court No. 5, Bulandshahr in Criminal Revision No. 303 of 2023 (Vijendra Kumar Sharma Vs. State of U.P. and others) and further allow the application under Section 319 Cr.P.C throughout by summoning the accused respondents namely Suresh, Vimlesh, Pappu and Geeta to face the trial in accordance with law. The matter in brief is that father of the petitioner Teekaram lodged an F.I.R bearing case crime no. 14A/1994 dated 06.02.1994 under Section 395 I.P.C against respondent nos. 2 to 7 namely Suresh, Rakesh, Vinish, Vimlesh, Pappu and Geeta w/o of Pappu at P.S. Pahasu, District Bulandshahar. After the investigation, the charge sheet was submitted only against two accused Rakesh (respondent no.3) and Vinish (respondent no. 4), under Sections 323 and 325 I.P.C. During the trial, the petitioner Vijendra Kumar Sharma son of the informant, was examined as P.W.-2, who in his examination-in-chief and cross examination had deposed regarding the complicity of rest four accused who were not charge sheeted namely Suresh, Vimlesh, Pappu and Geeta w/o Pappu, therefore, an application was moved by the petitioner under Section 319 Cr.P.C to summon the rest other four accued to face the trial. But the learned Trial Court rejected the application. Even the revision filed against the said order has also been rejected. From the perusal of records, it transpires that respondent no. 2, Suresh and respondent no. 5, Vimlesh have died, therefore, there is no need to proceed against them. From the testimony of P.W.-2, Vijendra Kumar Sharma, specific allegations have been made against respondent no.7, Pappu of assaulting the petitioner with lathi which is also corroborated by the medico-legal report dated 05.02.1994. The evidence adduced is higher than the prima-facie satisfaction against the respondent no. 7. Considering the aforesaid facts and circumstances, the order dated 06.05.2023 passed by Additional Chief Judicial Magistrate, Khurja, Bulandshahar and order dated 07.05.2024 passed by Additional District Judge, Court No. 5, Bulandshahr, are hereby set aside and the matter is remitted back to the court concerned to reconsider the testimony of P.W.-2, Vijendra Kumar Sharma (injured witness) in the light of above and pass a fresh order, expeditiously, in accordance with law, if there is no other legal impediment. Order Date :- 31.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad