Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144232 Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 8584 of 2025
Petitioner :- Sugharlal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking the following relief:-
"A. Allow the petition/application setting aside the order dated 06.06.2025 passed by learned Sessions Judge, Auraiya passed in criminal revision no. 85 of 2024 and modify the order dated 20.07.2024 passed by Civil Judge (Junior Division)/F.T.C. Offence against Women Auraiya passed in Complaint Case no. 9182 of 2023 Sugharlal Versus Ram Prakash and others (annexed as Annexure No. 1 & 2 to this petition)." It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint case against the respondents wherein the respondents have been summoned to face the trial only under Section 323, 506 I.P.C., though the injured had received several injuries.
Learned counsel for the petitioner submits that as the learned trial court has not considered the injury report and the respondents need to be tried under Section 307, 324 325 I.P.C., for which the petitioner may be given an opportunity to press at the time of framing of charges. Accordingly, the instant petition is disposed of with the direction that in case, the petitioner moves an application for the same before the court concerned before framing of the charges, the same be considered and decided expeditiously in accordance with law.
Order Date :- 21.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad