PADMAKAR UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sheshadri Trivedi, learned counsel for the revisionist-complainant, learned AGA for the State as well as Sri Ashok Kumar Singh, learned counsel for opposite party Nos.2 to 6.

(2.) The revisionist/complainant has filed the present criminal revision being aggrieved by the impugned order dtd. 11/4/2025, passed by the learned Sessions Judge, Jaunpur, in Sessions Trial No.04 of 2025 (State vs. Subedar Singh and others), arising out of Case Crime No.18 of 2024, under Ss. 147, 148, 323, 325, 307, 504, 506 of Indian Penal Code (IPC), Police Station Khutahan, District Jaunpur, whereby the Trial Court has discharged the opposite party Nos. 2 to 6 from the offence punishable under Ss. 307 IPC.

(3.) The brief facts of the case is that FIR dtd. 20/1/2024 was registered as Case Crime no.18 of 2025, under Ss. 395 IPC at Police Station Khutahan District Jaunpur. The FIR was lodged by the revisionist/complainant with the allegations with regard to the occurrence dtd. 19/1/2024 at 11.00 p.m. nominating the opposite party nos. 2 to 6 and one Arvind Singh with the narrative that in the night of 19/1/2024, when the revisionist was returning after getting his brothers Sudhakar Upadhayay and Diwakar Upadhayay admitted in a hospital, then the accused persons started chasing them in three vehicles, during which the opposite party No.2/ Subedar Singh resorted to firing upon the revisionist/complainant. Then the revisionist/complainant tried to save his life by taking refuge in Police Station Khutahan; in spite of that, undeterred the opposite party nos. 2 to 6 also forcefully entered into police station. The accused persons started assaulting the revisionist/complainant and his brothers inside the police station with lathi and sticks, but because of the intervention of the police, lives of the revisionist and his brothers were saved. During continuance of said occurrence, the left hand of the revisionist was fractured and Rs.11,000.00 was also looted away by the Opposite Party Nos.2 to 6.