HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4623 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the record. 2. The present revision has been filed against the order dated 07.06.2024 passed by learned Additional District/Sessions Judge, Court No. 9, Etawah, in Sessions Case No. 277 of 2024 (State of U.P. Vs. Satyaveer Singh and Other) by which the revisionist has been summoned and to be tried under Section 216 IPC related to the offence committed in Case Crime No. 297 of 2017, under Sections 147, 148, 149, 302 IPC and it has been alleged that the revisionist herein be not tried together since the offence committed under Section 216 IPC relates to the same transaction i.e. Case Crime No. 297 of 2017 lodged under Sections 147, 148, 149, 302 IPC. 3. It is the contention of learned counsel for the revisionist that, punishment prescribed in respect of Section 216 of IPC is punishable up to 7 years and, therefore, it ought to have been tried by the learned Magistrate, having jurisdiction to try the said offence and be separated from the ongoing sessions trial, pending before the learned Additional District/Session Judge, Court No. 9, Etawah and, therefore, he prayed that the case against the revisionist be tried separately by the Magistrate, since the punishment prescribed in respect of Section 216 IPC is to maximum of 7 years. No other ground has been argued by the learned counsel for the revisionist. 4. On the other hand, learned A.G.A. appearing on behalf of the State submits that the case of the revisionist is covered under Section 223 Cr.P.C. which reads as under:- Versus Counsel for Revisionist(s) : Raghuraj Singh Counsel for Opposite Party(s) : G.A., Sanjay Mishra Sanjeev Alias Sanju .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) "S.223 What persons may be charged jointly:- The following persons may be charged and tried together, namely; (a) persons accused of the same offence committed in the course of the same transaction. (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction;" 5. Learned A.G.A. has further submitted that the revisionist is being tried under Section 216 IPC related to the same Case Crime No. 297 of 2017 committed in the course of same transaction and, therefore, the revisionist is liable to be tried jointly by the Court of learned Additional Sessions Judge, Etawah. 6. Having regard to the submissions made by learned counsel for the revisionist and learned A.G.A. for the State, the only question that arises in the present revision is that, the revisionist has been charged under Section 216 IPC, which is not an independent section, but has to be read in consonance with some other section and in the present case, a Case Crime No. 297 of 2017 lodged under Sections 147, 148, 149, 302 IPC got already registered and thereafter, during the course of transaction in the said Case Crime No. 297 of 2017, the revisionist has been charged for the offence committed under Section 216 IPC, therefore, in terms of Section 223 Cr.P.C. the case of the revisionist shall be also tried by the same court and not by the Magistrate, as the offence committed is in the course of the same transaction, hence, the revisionist is liable to be charged jointly as per Section 223 Cr.P.C and thereafter tried by the Sessions Court. 7. The present revision is devoid of merits and is liable to be dismissed, hence the same is dismissed. September 11, 2025 Vikram CRLR No. 4623 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad