RAJJAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned judgment of the High Court which confirmed the rejection of an application filed under Sec. 319 of the Code of Criminal Procedure, 1973 [for brevity 'the Cr.P.C'] for summoning four other persons named in the FIR, in addition to the one arrayed as accused, who was the driver of the vehicle, which caused the accident.

(2.) The allegation which led to the registration of the FIR was that the complainant, the petitioner herein, while returning from his farmhouse on a bicycle, with his son riding pillion, a jeep in which five named persons were sitting dashed against the bicycle deliberately, thus resulting in injuries to both the complainant and his son. The FIR is seen at Annexure P2. The final report was filed by the police only against the alleged driver of the vehicle.

(3.) This Court had expressed an apprehension on 23/9/2025 as to the charge sheet having been filed against only one person while there were five accused named in the FIR. Learned Government Advocate took time for an independent and objective revisit of the investigation at a higher level. Today, the learned Government Advocate has produced an investigation report, which clearly indicates that the original investigation revealed only the involvement of the driver of the vehicle and hence the charge sheet was filed against the one accused arrayed and the other let off. The further investigation also came to the same conclusion.