JUDGMENT :

(Jyotsna Sharma, J.)

1. Heard Sri Vinod Kumar Tirpathi, learned counsel for the petitioner and Sri S.C. Mishra, learned AGA for the State.

2. This petition under Article 227 of the Constitution has been filed with the following reliefs:-

"I. Set aside the impugned Judgment and Order dated 26.07.2023 passed by Additional Sessions Judge, Court No. 3, Muzaffar Nagar in Criminal Revision No. 284 of 2022 (Jaipal and others Vs. State of U.P. and Another) as well as impugned order dated 03.11.2022 passed by Additional Civil Judge (Junior Division), Court No. 4, Muzaffar Nagar in Criminal Case No. 694/9 of 2019 (State Vs. Jaipal and others) arising out of Case Crime No. 374 of 2017 under section 147, 148, 149, 323, 324, 325, 504, 506 I.P.C. Police Station Kakrauli, District Muzaffar Nagar. (Annexure No. 5 and 7 of the writ petition).

II. Direct the learned court below to delete the section 326 IPC which is imposed upon the petitioner and other co-accused persons which is not made out against them."

3. Submissions of the petitioner are as below:-

On the basis of an FIR case crime no. 374 of 2017 was registered and investigated upon. The accused persons were chargesheeted and cognizance