Court No. - 45
Case :- CRIMINAL REVISION No. - 2763 of 2010 Revisionist :- Bhashajya Kumar Opposite Party :- State Of U.P.
Counsel for Revisionist :- Prashant Saxena Counsel for Opposite Party :- Govt. Advocate,Akhil Kumar Shukla
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This revision is directed against the order dated 08.07.2010 passed by the Fast Track Court No.1, Farrukhabad passed in Sessions Trial No.38 of 1994, State Vs. Nand Kishore and others, under Section 307 I.P.C., Police Station Kaimganj, District Farrukhabad.
By the order aforesaid the Court below has refused to allow the application of the applicant under Section 311 Cr.P.C for summoning, Chhotey Lal, who is stated to have written chik FIR and general diary and Zamil Ahmad, the Investigating Officer of the case.
Learned counsel for the applicant has pointed out to the statement of Rishi Kumar, pairokar, police station Kaimganj, who has stated that general diary and chik FIR was prepared by Chhotey Lal and not by him.
Therefore, in the opinion of the Court, Chhotey Lal was required to be summoned under Section 311 Cr.P.C. The Court below is patently erred in not summoning Chhotey Lal.
Prayer was also made for summoning Zamil Ahmed, Investigating Officer of the case. Without the statement and cross examination of the Investigating Officer, prosecution case cannot proved and therefore, the order of the Court below is illegal on this account also. The order dated 08.07.2010 passed by the Court below is hereby quashed. The application of the revisionist under Section 311 Cr.P.C stands allowed.
The Court below is directed to summon the witnesses prayed for in the application and conclude the trial within the shortest possible time, preferably, within a period of three months.
In view of the above, revision stands allowed.
Order Date :- 21.8.2018 SS