Court No. - 45
Case :- CRIMINAL REVISION No. - 3600 of 2018 Revisionist :- Raj Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Himanshu Pandey,S.N. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application is directed against the order dated 01.09.2018 passed by First Additional Sessions Judge, Ballia, whereby he has allowed the application of the prosecution under Section 319 Cr.P.C. and has summoned the applicant who was not implicated by the Investigating Officer in the charge sheet although he was named in the F.I.R.
The counsel for the applicant has submitted that the applicant was employed in C.R.P.F at the relevant time when the incident took place on 25.06.2014. On 26.06.2014, after getting the information of incident. He rushed to the village where the incident took place from Nagpur, where he was posted as constable at Vadora in C.R.P.F. The court below has recorded the finding that from the ticket produced by the applicant in support of his alibi that he travelled from Nagpur to Buxor on the rail warrant, which was of 3rd A.C. class, but only a general ticket was produced, has been doubted as defence of the applicant. The court has recorded the finding that the Investigating Officer did not made any effort to find out whether the applicant was at Nagpur city at the relevant time or in the village where the incident took place.
The counsel for the applicant has submitted that only on the basis of statement of one eye-witness, Ajay Kumar Rajbhar, the impugned order has been passed without ascertaining whether the ticket produced by the applicant was valid or not and whether the applicant was present on duty at Nagpur at the relevant time or not. It has been submitted that due to lapse on the part of the Investigating Officer the applicant has been put to disadvantage and has been summoned under Section 319 Cr.P.C. for facing trial. It is submitted that without there being definite evidence which may lead to conviction of the accused, the court cannot summon an alleged accused lightly under Section 319 Cr.P.C. The satisfaction in this regard is more against an such an accused as compared to the accused who was named in the charge sheet.
The learned counsel for the opposite party no. 2, Sri Sandeep Kumar Singh, has put in appearance and has vehemently opposed this application. His argument is that the Investigating Officer was not proceeding in the case and after several round to this Court only investigation progressed and charge sheet has been submitted. He has submitted that the investigating Officer has not proceeded fairly in this case.
At this stage the court finds that there is lapse on the part of the Investigating Officer in not collecting the evidence regarding the presence of the applicant at Nagpur or in the village at the time of incident to determine his involvement in the alleged crime.
This court directs the court below to get a supplementary report of investigation from the Investigating Officer regarding the above facts exercising the powers under Section 173(8) and thereafter decide the application under Section 319 Cr.P.C. against the applicant afresh in accordance with law. This exercise shall be completed within a period of three months from the date of production of the certified copy of this order.
The dated 01.09.2018 passed by the Ist Additional Sessions Judge/ POCSO Court, Ballia, summoning the revisionist under Sections- 147, 148, 302/149 I.P.C. in Sessions Trial No. 56 of 2014, under Sections- 302, 376, 392, 511, 411 & 342 I.P.C. read with 5/6 POCSO Act, Police Station- Gadwar, District- Ballia is hereby quashed.
This application is allowed.
This order is passed so far as the applicant is concerned.
Order Date :- 26.10.2018 Rohit