Neutral Citation No. - 2025:AHC:121454 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 670 of 2025 Petitioner :- Daya Shankar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Giri,Sudheer Kumar Kesarwani Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Ms. Amrita Tripathi, Advocate holding brief of Mr. Rajeev Giri, 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 both order dated 08.04.2024 passed by Judicial Magistrate Room No. 4, District Ghazipur as well as order dated 16.11.2024 passed by Special Judge SC/ST (P.A.) Act, Ghazipur and further prayed to issue a direction to the learned Judicial Magistrate came to pass fresh order on protest petition and summon the accused (respondent no. 3) for trial of offence under section 304 IPC. It has been submitted by the learned counsel for the petitioner that the petitioner moved an application u/s 156(3) Cr.P.C. on 18.11.2022 regarding the incident which took place on 31.08.2022 wherein an FIR No. 0008/2023 was registered under Section 304 IPC at P.S. Ravatipur, District Ghaziabad against the respondent no. 3, Udham Singh Yadav alleging that due to flood in the river Ganga, a small boat was arranged by the Government to rescue the people. On 31.08.2022 at around 04:30 pm 17 villagers boarded the small boat which was disbalanced as the water seeped in the front portion of the boat. The respondent no. 3 Udham Singh Yadav, who was sitting with his legs spread on both the sides created nuisance due to which the boat sinked and seven persons drowned and accordingly, died. After the investigation, the investigating officer had collected the statements of total 30 witnesses and out of these 12 witnesses were the eye witnesses of the incident who did not support the prosecution case and accordingly, final report was submitted. Aggrieved by the said final report, the petitioner filed a protest petition which was also rejected on the ground that none of the eye witnesses had supported the prosecution case. Even the revision filed by the petitioner, was also dismissed. From the perusal of records it transpires that there is no eye witness to support the allegation and the boat drowned as the water seeped into the boat and it was an act of God. Therefore, the petition has no merit and is accordingly, dismissed. Order Date :- 24.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad