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Heard Dr. Kamlesh Kumar, learned counsel for the petitioner, Sri Shashi Bhushan Rai, learned counsel for the respondent No. 2, Sri Ratan Singh, learned A.G.A.-I for the State and perused the record.

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 13.03.2024 passed by learned Additional District and Sessions Judge, Court No. 1, Amroha in Criminal Revision No. 65 of 2023 (Sanjeev Vs. State of U.P. and another) and order dated 05.01.2023 passed by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, First, Amroha in Case No. 2319 of 2019 arising out of Case Crime No. 453 of 2017 (State Vs. Sanjeev) under Sections 304, 323, 325 IPC, Police Station-Amroha Dehat, District-Amroha.

The panchayatnama of the deceased was conducted on 15.12.2017 and the autopsy was conducted on 16.12.2017. The FIR was lodged on 15.12.2017 bearing Case Crime No. 453 of 2017 under Sections 279, 304A IPC, P.S.-Amroha Dehat District-Jyotibhaphule Nagar.

While its investigation was in progress, the petitioner moved an application dated 04.01.2018 under Section 156(3) Cr.P.C. before the Court of Chief Judicial Magistrate, Amroha against respondent No. 2 Sanjeev and two unknown to lodge fresh FIR under Section 302 IPC alleging the same incident. The said application was allowed on 18.01.2018 directing the Officer In-charge, Police Station-Amroha Dehat to register the case. Thus, another FIR was registered against the respondent No. 2 Sanjeev and two unknown persons on 08.02.2018 bearing Case Crime No. 27 of 2018, under Section 302 IPC, P.S.-Amroha Dehat, District-Amroha.

As the allegations in both the FIRs related to the same incident, the investigation of both the case crime numbers i.e. Case Crime No. 453 of 2017 and 27 of 2018 were clubbed together vide CD No. 13 dated 26.02.2018.

However, the Investigating Officer submitted the charge sheet in Case Crime No. 453 of 2017 under Sections 279, 304A IPC, P.S.-Amroha Dehat, District-Amroha on 01.03.2018, but due to lack of evidence under Section 302 IPC, therefore, the case crime No. 27/2018 under Section 302 IPC was merged in it.

Again, the petitioner being dissatisfied, filed an application dated 02.04.2022 against the said Final Report before First Additional Chief Judicial Magistrate, Amroha to pass appropriate order on the basis of material available on record.

The learned Additional Civil Judge, (S.D.)/Additional Chief Judicial Magistrate-I, Amroha vide his order dated 05.01.2023 rejected the final report dated 18.11.2019 and took cognizance under Sections 304, 323, 325 IPC summoning the respondent No. 2 to face the trial instead of Section 302 IPC.