Ram Krishna Gautam,J. - (1.) This petition, under Article 227 of the Constitution of India, has been filed with a prayer for setting aside impugned order dated 10.12.2019 of court of Additional Sessions Judge, Court No. 4, Aligarh, passed in Criminal Revision No. 375 of 2019 along with cognizance taking order dated 02.07.2019, passed by court of Additional Chief Judicial Magistrate, Court No. 4, Aligarh in Criminal Case No. 1034 of 2019, under Section 323, 504, 308 I.P.C., Police Station Akarabad, District Aligarh.
(2.) Heard learned counsel for the petitioners and learned A.G.A. for State.
(3.) Learned counsel for petitioners argued that it was failure of appreciation of facts and law, placed before both the courts below. Initially a report of non-cognizable offence was filed under Sections 323, 504 I.P.C. Subsequently, without moving an application under Section 155(2) Cr.P.C., the same occurrence was registered for offence punishable under Sections 323, 504, 308 I.P.C., wherein investigation resulted submission of charge sheet, as above, but injuries were found to be simple in first medico legal report, followed by subsequent medico legal report as well as C.T. Scan, whereas a cross case on behalf of present petitioners are there against present opposite side. This cognizance was taken for offence punishable, as above, whereas no evidence for offence punishable under Section 308 I.P.C. was there. This cognizance taking order was challenged before court of revision, which was decided by revisional court, as above, wherein revision was dismissed. Hence, both the courts below failed to appreciate facts, placed on record. Hence, under power of General Superintendence of High Court over Subordinate Courts in Uttar Pradesh, this petition is with above prayer.;