Shyamvir vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Shyamvir vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Criminal revision disposed of with a direction to the trial court to complete the examination-in-chief and cross-examination of witness Hari Om within thirty days without granting unnecessary adjournments to either party; no interference with the impugned order dated 12.12.2025.

Issue for consideration

Whether the impugned order dated 12.12.2025 summoning Hari Om under Section 311 Cr.P.C., a witness not cited as a charge-sheet witness, calls for interference in revision. +1 more

Court's answer

Examination of witness Hari Om is necessary for a fair trial, and no prejudice is caused to the revisionist as he shall have full opportunity to cross-examine the witness; the impugned summoning order therefore does not warrant interference.

Ratio / Principle

The learned trial court is directed to ensure that the examination-in-chief as well as the cross-examination of witness Hari Om is completed within a period of thirty days, without granting unnecessary adjournments to either of the parties.

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Abdul Shahid, J., March 18, 2026) — Order dated 12.12.2025 of Additional Sessions Judge, Court No. 14, Agra, in Sessions Trial No. 765 of 2022 (State v. Shyamvir), arising out of case crime no. 119 of 2021 under Sections 498-A, 323, 504, 506, 364 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kagrauli, District Agra, summoning Hari Om under Section 311 Cr.P.C. though not cited as a charge-sheet witness — Revisionist, a Constable under suspension, contended the summoning application was moved only to cause willful and deliberate delay; P.W.-1 had stated Hari Om's mental condition is not proper — Held: examination of the witness is necessary for a fair trial and no prejudice is caused to the revisionist, who shall have full opportunity to cross-examine him — Trial court directed to complete examination-in-chief and cross-examination of Hari Om within thirty days without unnecessary adjournments to either party — Revision disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 1676 of 2026

Shyamvir

.....Revisionist(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Anil Kumar, Mukesh Joshi
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

HON'BLE ABDUL SHAHID, J.

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

Under challenge is the impugned order dated 12.12.2025 passed by the leared Additional Sessions Judge, Court No. 14, Agra, in Sessions Trial No. 765 of 2022 (State Vs. Shyamvir), arising out of case crime no. 119 of 2021, under Sections 498-A, 323, 504, 506, 364 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kagrauli, District Agra.

Learned counsel for the revisionist submits that the application under Section 311 Cr.P.C. has been moved with the sole intention to cause willful and deliberate delay in the proceedings. It is contended that the revisionist is a Constable and is presently under suspension, and, therefore, the proceedings are being intentionally prolonged. It is further submitted that the FIR has been lodged under Sections 498-A, 323, 504, 506, and 364 IPC, along with Section 3/4 of the Dowry Prohibition Act and the prosecution has filed an application to summon one Hari Om as a witness, who was not cited as a charge-sheet witness.

Learned counsel for the revisionist has further submitted that the statements of P.W.-1 and P.W.-3 have already been recorded. It is also pointed out that P.W.-1, in his statement, has stated that the mental condition of his son (Hari Om) is not proper. It is contended that the witness, Hari Om, has been summoned under Section 311 Cr.P.C. by the impugned order dated 12.12.2025 on the pretext of ensuring a fair trial. However, the apprehension of the revisionist is that the said application has been filed only to cause willful and deliberate delay in the proceedings.

Per contra, learned A.G.A. has opposed the revision and submitted that the impugned order does not suffer from any illegality or irregularity.

Considering the facts and circumstances of the case, this Court finds that the examination of the witness is necessary for a fair trial. No prejudice is caused to the revisionist, as he shall have full opportunity to cross-examine the said witness. The learned trial court is directed to ensure that the examination-in-chief as well as the cross-examination of witness Hari Om is completed within a period of thirty days from today, without granting

CRLR No. 1676 of 2026

2

unnecessary adjournments to either of the parties.

With the above observation, the instant criminal revision stands disposed of.

March 18, 2026

M. Tarik

(Abdul Shahid,J.)

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