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2025 DAILYLAW 9359 (ALL)

MOHD RAZA AND 5 OTHERS v. State of UP AND ANOTHER

CRLR/380/2024 · 2025-09-15

Harvir Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 380 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists and learned counsel for opposite party no. 2 as well as learned AGA. 2. The present criminal revision has been filed against the order dated 8.12.2023 passed by Deputy Collector / S. D. M., Saharanpur, in Case No. 7257 of 2022 (Computerized Case No. T202209600307257) (Dilbagh Singh Versus Wasi Haider and others), by which the application dated 26.8.2022 filed by the revisionists (herein) has been dismissed on the ground that by the order dated 18.4.2022, revision filed by the father of the revisionists before this Court, being Criminal Revision No. 3569 of 2013, has been disposed of to approach the learned S. D. M. 3. Without going into the other controversies, it is a matter of record and the findings arrived at by the S. D. M., Nakur, Saharanpur, which states that the case shall be decided after recording the evidence led by both the parties. However, no such evidence was led by the revisionists, as stated by learned counsel for the revisionists that the revisionists along with application dated 26.8.2022 also submitted evidence to be taken on record, which are documentary in the nature. However, no such finding to the effect has been recorded by the learned S. D. M. 4. In the circumstances, the order dated 8.12.2023 passed by the S. D. M., Nakur, Saharanpur is hereby set aside. The parties are directed to appear Versus Counsel for Revisionist(s) : Ali Hasan, Ghazala Bano Quadri, Istiyaq Ali, Maseeh Uddin, Sunil Kumar Mishra Counsel for Opposite Party(s) : G.A., Kulveer Singh Mohd Raza And 5 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) before the learned S. D. M, Nakur, Saharanpur by adducing respective evidence in their favour and it is further directed that the S. D. M. shall decide the case afresh after affording reasonable opportunity and taking on record the entire evidence, available with the parties. September 16, 2025 HR CRLR No. 380 of 2024 2 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad