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2025 DAILYLAW 69383 (ALL)

VEER SINGH v. STATE OF U.P. AND 6 OTHERS

A227/6346/2025 · 2025-07-07

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106963 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6346 of 2025 Petitioner :- Veer Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jai Prakash Prasad,Rakesh Yadav 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. This petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the impugned judgment and orders dated 23.04.2025 passed by learned Additional Session Judge/Special Judge (POCSO Act), Court No. 01, Muzaffar Nagar in Criminal Revision No. 431 of 2024 (Sukhveer and others Vs. State of U.P. and another) whereby allow the revision and set aside the order dated 10.01.2024 passed by learned trial court in Complaint Case No. 1349/9 of 2023 (Veer Singh Vs. Sukhveer Singh and others), P.S. Titawi, District Muzaffar Nagar. It has been submitted by the learned counsel for the petitioner that the petitioner lodged a complaint against the respondent-accused wherein after recording the statement under section 200 and 202 Cr.P.C., the respondent-accused was summoned to face trial under Sections 354, 323, 504, 506 IPC. However, the respondent- accused being aggrieved filed a Criminal Revision which was allowed without application of mind on the false and baseless grounds. It is further submitted by the learned counsel for the petitioner that there is sufficient material on record to proceed against the respondent-accused. There is statements of the complainant and the witnesses stated on both under sections 200 and 202 Cr.P.C. which has been ignored and the impugned order has been passed. Considering the fact that there is sufficient material on record to proceed against the respondent-accused, the impugned order dated 23.04.2025 passed by learned Additional Session Judge/Special Judge (POCSO Act) Court No. 1, Muzaffar Nagar is hereby set aside and the matter is remanded back to the trial court concerned to reconsider the material on record as well as the statements of the complainant and the witnesses recorded on both under sections 200 and 202 Cr.P.C. and pass fresh orders in accordance with law, expeditiously. With the aforesaid direction, the petition is allowed. Order Date :- 8.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad