Dismissed

Shishupal v. State of U.P. through Principal Secretary Home Government of U.P. at Lucknow and Another

Allahabad HC3 Nov 2025CRLR/6890/2025

Case brief

AI extract

What is this about?

Revision challenged a trial court order summoning Shishupal under Section 319 CrPC in a Sessions Trial for offences including attempt to murder, after he had been exonerated during investigation. The High Court found the trial court had heard both sides and relied on prosecution evidence of his role and common intention, and dismissed the revision.

What the court decided

AI extract

Shishupal vs State of U.P. through Principal Secretary… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 6890 of 2025

Shishupal

.....Revisionist(s)

Versus

State Of U.P. Through Principal Secretary Home Government Of U.P. At Lucknow And Another

¶7

.....Opposite Party(s)

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Counsel for Revisionist(s)	: Ajendra Kumar
Counsel for Opposite Party(s)	: G.A.

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Court No. - 91

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionist and the learned A.G.A. for the State. Perused the record.

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Under challenge is the impugned order dated 18.7.2025 passed by the learned Additional Session Judge/FTC-I, Etah, in Sessions Trial No. 295 of 2022 (Stater Vs. Satnesh @ Swadesh @ Satta and others) arising out of case crime no. 249 of 20202, under Sections 452, 323, 307, 308 IPC, Police Station Kotwali Dehat, District Etah whereby the revisionist was summoned under Section 319 Cr.P.C. to face the trial in the aforesaid case.

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The revisionist is named in the FIR. There is allegation on him that he along with other co-accused hit the persons and caused injury to them. After complete investigation, Awdhesh and Shishupal, both had been exonerated.

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The submission of learned counsel for the revisionist is that the said application under Section 319 Cr.P.C. is having the endorsement of not press and thereafter that application has been decided. He has further submitted that by the impugned order another accused Awdhesh was also summoned under Section 319 Cr.P.C. His criminal revision has been allowed. He has next submitted that prior to the summoning under Section 319 Cr.P.C., the role of the accused has to be considered more than a prama facie case.

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Learned A.G.A. opposed the revision.

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The said application under Section 319 Cr.P.C. has been decided by the learned trial court on 18.7.2025, after hearing both the parties, which has

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CRLR No. 6890 of 2025

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specifically mentioned in the impugned order at the very outset. Therefore, the submission of the learned counsel for the revisionist does not posses any force of law. He also relied on the criminal revision which was allowed by this Court about co-accused Awdhesh. There is a difference in the role of Awdhesh who had fired, but no firearm injury caused to any of the injured person. The role of the present revisionist-Shishupal and the role of the other co-accused are beaten by lathi, danda and sariya. There is common intention. The statement of the P.W-1 & P.W-2 are already on record. Learned trial court has specially mentioned the role of the accused which is supported with the prosecution evidence.

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In view thereof, there is no illegality or irregularity in the impugned order and the revision is liable to be dismissed.

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The criminal revision stands dismissed.

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November 3, 2025 M. Tarik

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(Abdul Shahid,J.)

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad

Shishupal v. State of U.P. through Principal Secretary Home Government of U.P. at Lucknow and Another

Case brief

What is this about?

What the court decided

Shishupal v. State of U.P. through Principal Secretary Home Government of U.P. at Lucknow and Another

Case brief

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What the court decided

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