Court No. - 74
Case :- CRIMINAL REVISION No. - 1740 of 2019 Revisionist :- Dhyan Singh Yadav Opposite Party :- State Of U.P. And 5 Others Counsel for Revisionist :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
The present criminal revision has been preferred against the judgement and order dated 5.2.2019 passed in S.T.No.245 of 2017 (State of U.P. Vs. Bablu and others) arising out of Case Crime No.575 of 2016, under Sections 498-A, 323, 364 I.P.C. & 3/4 D.P. Act, Police Station Civil Lines, District Rampur, whereby the application filed by the revisionist under Section 319 Cr.P.C. with prayer to summon the opposite party nos.2 to 6 for their prosecution in the present case has been rejected.
It is submitted by the learned counsel for the revisionist that P.W.-1 Dhyan Singh Yadav ( first informant), P.W.-2 Mohan Singh (father of the victim) have clearly adduced evidence against opposite party nos.2 to 6 that they were fully involved in the incident in question. The victim has not been recovered so far. The I.O. during investigation has exonerated the opp. party nos. 2 to 6. There was sufficient ground to summon the opp. party nos. 2 to 6 but learned trial court has rejected the application of the revisionist on the ground that the investigation against the opp. party nos. 2 to 6 is going on. It has been further submitted that the opp. party nos. 2 to 6 have been exonerated by I.O. during investigation. The trial court was fully empowered to decide the application of the revisionist on merit.
After hearing the learned counsel for the revisionist as well as learned A.G.A. for the State and after perusal of the material available on record this Court is of the opinion that this would be appropriate to direct the learned trial Court to pass fresh order on the application of the revisionist moved under Section 319 Cr.P.C.
Accordingly, the order dated 5.2.2019 is hereby set aside and the matter is remitted to learned trial court concerned to re- consider the matter after hearing the revisionist which exercise shall be completed within a period of three months from the date of production of a certified copy of this order before it.
Learned counsel for the revisionist undertakes that the revisionist shall file an appropriate application along with certified copy of this order before the concerned Court below within a period of 20 days from today.
With the aforesaid directions, this revision stands disposed off.
Order Date :- 30.4.2019 Gss