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Neutral Citation No. - 2025:AHC:112708 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.1) Court No. - 78 Case :- APPLICATION U/S 482 No. - 21364 of 2024 Applicant :- Ram Shanker Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Chaturvedi Counsel for Opposite Party :- Anil Kumar Pandey,G.A. Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed today in Court, is taken on record.
2. Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Nikhil Chaturvedi, learned counsel for the applicant, Sri Anil Kumar Pandey, learned counsel for opposite party no.2 and Sri Rizwan Ahmad, learned AGA for the State.
3. Learned counsel for the applicant submits that the applicant herein is the complainant who has filed the Complaint Case No.317 of 2020 against the opposite party no.2 and others with regard to an incident dated 20.06.2020, wherein the opposite party no.2 and the other co-accused persons were summoned by the trial court vide order dated 16.08.2023, against which a Criminal Revision No. 667 of 2023 was filed by the opposite party no.2 only. The Revisional Court vide impugned order dated 04.05.2024 has remanded the matter back to the trial court concerned for passing a fresh and appropriate order on the point of summoning
order of the accused persons in accordance with law.
4. The only grievance of the applicant is with regard to an observation made in para-14 of the impugned order wherein it is
directed that the fresh decision will be taken in the light of the observations made in the order.
5. In the operating order, there is no such observations made by the Revisional Court.
6. In view thereof, the instant application is disposed of by directing the Judicial Magistrate / Additional Civil Judge (Junior Divison), Court No. 6, Agra to pass a fresh order in Complaint Case No. 2239 of 2020 (Rama Shanker Agarwal Ravi Shanker Agarwal and others), under Sections 34, 356, 148, 504 and 506 IPC, P.S. New Agra, District Agra without being influenced by any of the observations made in the impugned order dated 04.05.2023 strictly in accordance with law on the basis of the entire material available before the Court.
Order Date :- 14.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad