HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9097 of 2025 Court No. - 51 (SL No.237) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Jalaj Sing, learned counsel for the petitioner and Sri S.K. Ojha, learned A.G.A.-I for the State respondents. 2. The instant petition under Article 227 of the Constitution has been filed by the petitioner herein praying for the following relief: "i) To Set aside the order dated 26-05-2025 passed by Sessions Judge, Bareilly in Criminal Revision No. 127 of 2025 (Virendra Singh Yadav Vs. ISSIONEState of U.P.) as well as order date 26-05-2025 passed by Sessions Judge, Bareilly in Criminal Revision No. 119 of 2021 (Room Singh and another Vs. State of U.P. and another) whereby the cognizance order dated 21-06-2021 has been quashed illegally arising out of Case Crime No. 2481 of 2012 U/s 304, 342, 323, 182, 166, 331 IPC, P.S. Kotwali, District Bareilly and directed to pass the fresh order after consider the relevant document." 3. The brief facts of the case are that the son of the petitioner has allegedly died in police custody, at the Police Station- Kotwali, District- Bareilly, due to which an F.I.R. was lodged and the matter was investigated. Therefore, the charge-sheet was filed against the respondents no.2, 3 and 4, upon which the learned Magistrate has taken cognizance in the matter and summoned the respondents no.2, 3, and 4 as accused in the instant case. Versus Counsel for Petitioner(s) : Jalaj Singh, Rajneesh Kumar Srivastava Counsel for Respondent(s) : G.A. Bhagwan Das Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Against the summoning order dated 21.06.2021 under Sections 304, 342, 323, 182, 166, 331 I.P.C., the respondent no.2 has filed the Criminal Revision No. 127 of 2025. The said writ petition was allowed by impugned order dated 26.05.2025, whereby the summoning order was set- aside on the ground of non application of mind by the Magistrate and the matter was remitted to the learned Magistrate for passing a fresh order after perusal of the charge-sheet and the material available on record and with due application of mind. The said impugned order has been challenged in the instant writ petition. 5. From the perusal of the order dated 21.06.2021, it is apparent that the same has been passed in a mechanical manner, therefore, this Court do not find any illegality in the impugned order dated 26.05.2025 passed by the Revisional Court. 6. In view thereof, the instant application is disposed of with direction that learned Magistrate while passing a fresh order on the charge-sheet and the material available, will apply his independent mind without being influenced by any of the observations made in the impugned order dated 26.05.2025 expeditiously. September 19, 2025 Shubham Arya A227 No. 9097 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad