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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 383 of 2026 Court No. - 87 HON'BLE ABDUL SHAHID, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the revisionists and the learned AGA for the State. 3. The present criminal revision has been preferred against the order dated 19.12.2025, passed by the learned Sessions Judge, Sambhal at Chandausi in S.T. No. 41 of 2025 (State Vs. Manoj and others), arising out of case crime No. 88 of 2024, whereby charge has been framed against the revisionists under Sections 323/34, 324/34, 325/34, 307/34, 504, 506 IPC, Police Station Rajpura, District Sambhal. 4. Learned counsel for the revisionists has submitted that the incident is of 21.3.2024 at 17.00 hours. The FIR was lodged on 22.3.2024 at 00.12 hours. He has vehemently submitted that there is no injury on the vital part of the body. The injury, if any, is not sufficient to frame charge under Section 307 IPC. There is CCTV camera which verifies that Nekpal was not present at the place of incident. The intention to cause death is missing, hence the impugned order dated 19.12.2025 is liable to be set aside and the criminal revision is entitled to be allowed. 5. Learned AGA has submitted that the charges have already been framed. The question of fact could not be decided in criminal revision. There is no illegality or irregularity in the impugned order. The criminal revision is thus liable to be dismissed. Versus Counsel for Revisionist(s) : Aushim Luthra, Harishchandra Yadav Counsel for Opposite Party(s) : G.A. Nekpal And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
6. The plea of alibi taken by the revisionists, that has to be seen at the stage of trial. The injury report of injured Chhatra Pal is on record. There are 12 injuries on the injured and injury no. 1 and 2 is caused by incised weapon and other injuries on ankle joint hip and part of the body. The witness Jagat Pal has recorded his statement during investigation that Chhtrapal has been beaten by his co-villagers, Manoj, Durvesh, Nekpal, Pappu by lathi-danda and axe. He has raised his hands and tried to cover his head to save himself. 7.
The supplementary injury report of injured Chhatrapal is having x-ray of ankle joint, fracture both bone, right elbow joint, fracture both bone, left elbow joint fracture both bone. The injury was grievous in nature. 8. The statement of Dr. Manmohan Sharma was recorded. He has verified that injured Chhatrapal is having 12 injuries. The injury nos. 1 and 2 is caused by hard and sharp pointed object and injury nos. 3,4,5,6 and 9 caused by hard and rough object and injury nos. 7,10 and 12 caused by blunt object. In the report, doctor found fracture. On the question whether as per medical report of injured Chhatrapal, it may lead to loss of his life. The reply by doctor "yes". 9. There is multiple injuries and multiple fracture to the injured and it is also danger to his life. There are 12 injuries and ankle fracture on the injured Chhatrapal. The final interpretation could be given after recording of evidence of the prosecution and defence. Prima facie, there is sufficient material to frame charges under Section 307 IPC as well as in other sections. 10. In view thereof, there is no illegality or irregularity in the impugned order. The revision being devoid of merit is liable to be dismissed. 11. The criminal revision is dismissed. February 16, 2026 sfa/ CRLR No. 383 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad