Court No. - 53
Case :- CRIMINAL REVISION No. - 1803 of 2018 Revisionist :- Shiv Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Saurabh Sachan,Ashwani Kumar Sachan Counsel for Opposite Party :- G.A.,Bharat Singh
Hon'ble J.J. Munir,J.
Heard Shri Ashwani Kumar Sachan learned counsel for the revisionist, Shri Rajesh Kumar holding brief of Shri Bharat Singh learned counsel for opposite party no. 2 and learned AGA for the State.
This revision has been filed against the judgment and order dated 25.04.2018 passed by the Additional Sessions Judge / Special Judge (Essential Commodities Act), Budaun by which the revisionist has been summoned in Session Trial No. 627 of 2015 (State of U.P. Vs. Ganga Ram and Others) under sections 302/34, 307/34 IPC, Police Station - Jarif Nagar, Village - Nanksi, District Budaun.
The submission of learned counsel for the revisionist is that the trial court has proceeded to summon the revisionist on the evidence of PW-1 recorded in the dock and that of PW-2 and the fact that the said applicant was named in the first information report. He has not looked into all that evidence on account of which the revisionist was exculpated by the Police during investigation. In the submission of Shri Ashwani Kumar Sachan, it is a wealth of evidence which includes other materials that strongly show the non-involvement of the revisionist.
A perusal of the impugned order does not show that the trial court has considered or applied the standard of that high degree of evidence to show the involvement of the revisionist or more than a strong prima facie case that alone entitles the court to exercise powers under section 319 Cr.P.C. He submits that the powers under section 319 Cr.P.C. can be exercised only on the basis of the evidence available which is much higher in quality than that required to frame a charge against a charge sheeted accused.
A perusal of the impugned order shows that it is a short and cryptic order and has been passed prima facie acting on the evidence of PW - 1 and PW - 2 alone.
Shri Ashwani Kumar Sachan has relied upon the decision of the Hon'ble Supreme Court in Brijendra Singh & Ors. Versus State of Rajasthan, AIR 2017 Supreme Court 2839.
A prima facie case is made out. Matter requires consideration. Issue notice.
Learned AGA accepts notice on behalf of the State, whereas Shri Bharat Singh learned counsel accepts notice on behalf of opposite party no. 2.
He may file his return within a period of six weeks from today. The State may also file their return within the same period.
List on 18.07.2018.
Till the next date of listing, the operation of the impugned order dated 25.04.2018 passed by the Additional Sessions Judge / Special Judge (Essential Commodities Act), Budaun in Session Trial No. 627 of 2015 (State of U.P. Vs. Ganga Ram and Others) under sections 302/34, 307/34 IPC, Police Station - Jarif Nagar, Village - Nanksi, District Budaun shall remain stayed. However, proceedings of the trial will go on against the accused originally arraigned.
Order Date :- 29.5.2018 Amit Mishra