Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 88540 (ALL)

UMAKANT MISHRA v. STATE OF U.P. AND 2 OTHERS

CRLR/4211/2024 · 2025-09-16

Harvir Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4211 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned counsel for opp. party nos. 2 and 3 and learned A.G.A. appearing for the State. 2. The instant revision has been filed challenging the order dated 23.05.2024 passed by learned Sessions Judge, Bhadohi in S.T.No. 98 of 2023 ( State Vs. Anurag Dubey and another) arising out of Case Crime No. 116 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, whereby the Misc. Application No. 36(kha)[A-1/2024] under Section 319 Cr.P.C. filed by the revisionist to summon the opp. party nos. 2 and 3 has been dismissed. 3. Learned counsel for the revisionist submits that the application u/s 319 Cr.P.C. was in respect of prospective accused sisters-in-law (Devrani and Nanad respectively). It has further been submitted that the said application was moved after completion of testimony of P.Ws. 1 to 4 and there is sufficient evidence to proceed against the prospective accused, however without going into the entire material evidence on record, learned Sessions Judge concerned has dismissed the application u/s 319 Cr.P.C. 4. On the other hand, learned counsel for opp. party nos. 2 and 3 submits that the order passed by the learned Sessions Judge is in accordance with law, which has been passed after going through each and every aspect of the matter, as well as testimony of P.Ws. 1 to 4 which was duly considered and examined by the learned trial court. After due Versus Counsel for Revisionist(s) : Tej Bahadur Rai, Vijai Kumar Rai Counsel for Opposite Party(s) : Anand Kumar, G.A. Umakant Mishra .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) consideration of the matter, the order dated 23.5.2024 has been passed dismissing the application u/s 319 Cr.P.C. 5. Learned counsel for opp. party nos. 2 and 3 submits that trial in the case has been completed and two accused persons namely father-in-law and husband of the deceased have been convicted under the relevant sections. 6. Having heard the contentions advanced by the learned counsel for the parties and that the trial of the present case has already been concluded and the husband and father-in-law of the deceased have been convicted therein. The application u/s 319 Cr.P.C. filed by the revisionist has been dismissed after considering the entire facts and evidence on record. 7. I find no illegality or infirmity in the order impugned, which is in accordance with law. The present revision being devoid of merits is liable to be dismissed and is accordingly dismissed. September 17, 2025 Gss CRLR No. 4211 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad