Court No. - 78
Case :- CRIMINAL REVISION No. - 4647 of 2019 Revisionist :- Sharavan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Virendra Singh,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed by learned counsel for the revisionists in Court today, which is taken on record.
Heard Sri Sarvesh Kumay Dubey, learned counsel for the revisionists and learned A.G.A. for the State.
This criminal revision has been filed with prayer to quash the impugned order date 22.11.2019 passed by Special Judge (S.C./S.T. Act) Sonbhadra in Session Trial no. 14 of 2014, (State Vs. Rameshwar and others) arising out of Case Crime No.23 of 2003, under Sections 323, 325, 504, 506 I.P.C. & Section 3(1) (10) of S.C./S.T. Act, P.S. Chopan, District-Sonbhadra.
Learned Court below has summoned the revisionists under Section 319 Cr.P.C. to face the trial.
Learned counsel for the revisionists has contended that order dated 22.11.2019 is illegal and improper and has passed without proper evaluation of the evidence on record. It is also submitted that in this case F.I.R. has been lodged by application under Section 156(3) Cr.P.C. after the inordinate delay of 18 days and no specific role has been assigned to the revisionists in the F.I.R.
Learned A.G.A. has opposed the prayer of the revisionists and submitted that PW-1 and PW- 2 have assigned the specific role to the revisionists in their statement.
In revision under Section 397 Cr.P.C. only correctness, propriety and legality of the impugned order has to be seen. The revisionists are named in F.I.R., Informant Bateshwar PW- 1 in his statement has assigned specific role to the revisionists. PW- 2, Prem who is the injured witness has also supported the version of F.I.R. and statement of PW-1 and has stated that revisionists have effective role in this offence. Therefore, there is no illegality or incorrectness in the impugned order and this revision is liable to be dismissed.
Accordingly, this revision is dismissed. Revisionists are directed to appear and surrender before the Court below within 30 days from today.
Order Date :- 17.12.2019 Rahul.