Court No. - 48
Case :- CRIMINAL REVISION No. - 59 of 2019 Revisionist :- Sompal And Anr.
Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The revisionists have preferred this revision for quashing the order dated 5.10.2018 passed by Additional Sessions Judge, Fast Track Court No. 3, Moradabad in S.T. No. 283 of 2016, Case Crime No. 194 of 2015 under Sections 498-A, 304-B, IPC and 3/4 D.P. Act, Police Station Hazrat Nagar Gahi District Moradabad. A further prayer is made to stay the further proceedings of the aforementioned case.
Heard learned counsel appearing for the petitioner, learned A.G.A and perused the entire record.
In this matter as is evident from the record FIR was lodge by one Chokey regarding the offence said to have been committed on 17.12.2015 against one Seva Ram and the present revisionists. After investigation police submitted charge sheet only against Seva Ram. Cognizance was taken, trial started. It appears that after framing of charge two witnesses were examined. They were also cross-examined by the defence. It also appears that one application under Section 319 Cr.P.C was moved and trial court after hearing the parties vide impugned order summoned the present revisionists to face the trial. It further shows that revisionists appeared before the trial court and have obtained bail. They also moved an application at the stage of Section 227 Cr.P.C for their discharge which was also rejected by trial court vide impugned order dated 5.10.2015.
Having heard learned counsel for the parties and going through the entire record, including the statement of P.W. 1 and P.W. 2 examined in the matter during tiral, the order passed on 5.10.2018 cannot be termed to be illegal. Prime facie case to proceed with trial for offence under Sections 498-A, 304-B IPC and 3/4 D.P. Act is made out. Trial Court has rightly proceeded to frame charge of the aforesaid offence against the revisionists.
Revision having no merit is not liable to be admitted and allowed.
Thus the present revision is devoid of merits and is accordingly, dismissed at this stage itself.
Order Date :- 29.1.2019/Nadeem Ahmad