Court No. - 49
Case :- CRIMINAL REVISION No. - 4485 of 2018 Revisionist :- Munesh Kumar Kushwah And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- R.C. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard the learned counsel for the revisionists and the learned A.G.A.
This revision has been filed with a prayer to quash the order dated 24.10.2018 passed by the learned XIth Upper Sessions Judge, Agra in S.T. No. 784 of 2009( State Versus Munesh and others) in case crime no. 61 of 2008 under section 364 I.P.C. whereby the application for summoning P.W. I has been rejected.
From the perusal of the record it appears that in the present case opportunity was given to the revisionists for cross examining P.W. 3 and 4 but after recording the examination in chief of P.W. 3 and 4 cross examination was closed. The learned magistrate has not committed any error in passing the impugned order dated 24.10.2018, However, considering the submission made by the learned counsel for the revisionists that the revisionists are ready to deposit the cost, and he is facing the proceedings of the case punishable under section 364 I.P.C. in which severe punishment is provided. Therefore, it is directed that in case the revisionists deposit Rs. 10,000/- before the court concerned within 20 days from today for summoning P.W. 3 and 4, for the purpose of cross examination and deposits Rs. 10,000/- the same shall be allowed as one and last opportunity.
With the above direction this application is finally disposed of.
Order Date :- 19.12.2018 N.A.
(Vivek Chaudhary,J.)