Court No. - 11
Case :- CRIMINAL REVISION No. - 4150 of 2018 Revisionist :- Bhagwan Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.
This criminal revision is directed against the judgment and order dated 17.10.2018 passed by Addl. Sessions Judge-VI, Agra in Sessions Trial No.985 of 2008 (State Vs. Tarawati and others) arising out of case crime no. 121 of 2006 under sections 325, 308, 323, 504, 506 IPC, P.S. Barhan, District Agra.
Vide order dated 17.10.2018, revisionists were summoned on the basis of application u/s 319 Cr.P.C. to face trial for the offence under sections 325, 308, 323, 504, 506 IPC. It appears that revisionists were named in the F.I.R., but charge-sheet was not submitted against them. Trial was continued against the accused charge-sheeted in the matter. During trial, two witnesses namely P.W.1 Km. Sandhya and P.W.2 Smt. Vimlesh were examined. Thereafter, application under section 319 Cr.P.C. was moved on behalf of the prosecution. Trial court after hearing the parties was of the opinion that there is sufficient prima facie evidence to proceed with the trial against the revisionists also.
If the finding recorded by the trial court in the impugned order are minutely analyzed with the settled principle of law and the facts and circumstances of the case, no illegality or infirmity is found. At this stage, the court dealing with the matter has to see only a prima facie case. On perusal of evidence discussed in the impugned order, it cannot be said that no prima facie case is made out.
Revision lacks merit and is accordingly dismissed at this stage itself.
Order Date :- 29.11.2018
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