Court No. - 24
Case :- CRIMINAL REVISION No. - 2352 of 2018 Revisionist :- Dileep Kumar Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the revisionist.
This revision assails an order dated 19 April 2018 in terms of which an application under Section 319 Cr.P.C. seeking to summon Smt. Neelu Sharma and Prabal Sharma has come to be rejected.
The Court below has taken the view that an identical application had come to be rejected on merits on 7 September 2017 to which no challenge was led by the applicant. In view thereof, it has held that there is no material warranting the summoning of the persons named above in exercise of powers conferred by Section 319 Cr.P.C. Additionally the Court has noted that there was no evidence which may even remotely link Smt. Neelu Sharma and Prabal Sharma with the crime in question. The submission advanced before this Court that there is likelihood of the aforesaid persons being involved in the crime in question is noted to be rejected. While evaluating such applications, the Court must bear in mind the principles enunciated by the Constitution Bench in Hardeep Singh vs. State of Punjab and others [(2014) 3 SCC 92. The tests formulated thereunder were clearly not satisfied.
The revision is dismissed.
Order Date :- 25.7.2018 LA/-