Court No. - 48
Case :- APPLICATION U/S 482 No. - 1652 of 2019 Applicant :- Sonaveer Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Present application under Section 482 Cr.P.C. has been filed with the prayer to set aside the impugned order dated 13.2.2018 passed by the Additional Sessions Judge, Court No. 5, Hathras in Criminal Revision No. 177 of 2016 (Sonaveer Singh Vs. State of U. P. and others) and further direct to the court below to summon the opposite party no. 2 to 6 under Sections 307, 324, 325 IPC also along with Section 323, 504, 506 IPC. Further prayer has been made to stay further proceedings of S.T. No. 74 of 2016 (State Vs. Shailendra and others) pending in the court of Additional Sessions Judge/F.T.C. No. 1, Hathras.
Heard learned counsel for the applicants and learned A.G.A.
Vide order dated 9.12.2016 respondent no. 2 and 3 were summoned for the offence under Section 323, 504, 506 IPC which was challenged by way of revision. Revisional Court vide order dated 13.2.2018 also dismissed the revision confirming the order passed by the concerned Magistrate.
Submission of learned counsel for the applicant is that respondent no. 4, 5 and 6 were also involved in this matter. There was sufficient evidence on record adduced by the applicant/complainant against them. Concerned Magistrate as well as revisional court both have committed illegality in rejecting the prayer made by the applicant in respect of respondent no. 4 to 6.
Having heard learned counsel for the applicant, learned A.G.A. and going through the entire record as also the submissions raised by the learned counsel for the parties, the application is disposed of at this stage itself with the observation that the applicant has opportunity to raise all the issues as has been raised in this application during trial in the application under Section 319 Cr.P.C.
The application is disposed of.
Order Date :- 22.1.2019 Sachdeva