Court No. - 49 Case :- CRIMINAL REVISION No. - 2430 of 2018 Revisionist :- Uma Chauhan Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- K.K. Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The present Criminal revision has been filed against the order dated 25.4.2018 passed by the Additional Sessions Judge, Court no. 13, Kanpur Nagar in S.T. No.395 of 2014 arising out of Case Crime No.877 of 2012 (State Vs. Abhishek Kumar Singh Rawal & Others) under Sections 498-A, 323, 306, 506, 504 IPC, P.S. Chakeri, District Kanpur Nagar by which the application filed by the revisionist to summon the opposite party nos. 2 to 7 as an accused under Section 319 Cr.P.C., has been rejected.
Learned counsel for the revisionist submits that during examination- in-chief of P.W.1, specific role had been assigned to opposite party nos. 2 to 7 and that the learned court below has erred in not summoning the opposite party nos. 2 to 7 at this stage.
A perusal of the order dated 25.4.2018 indicates that the court below has considered the plea raised by the revisionist and has rejected the same at this stage.
While no error may be found in the aforesaid order, it is however, left open to the revisionist to press for summoning of the opposite party nos. 2 to 7 at appropriate stage.
However, evidence may be continued to be received by the learned court below. Also it is clarified in the event of such other or further evidence being received in the trial proceedings as may warrant application of Section 319 Cr.P.C., at that stage, the impugned order and the present order may not preclude the learned trial court to exercise power under Section 319 Cr.P.C. at that stage.
The criminal revision is disposed of.
Order Date :- 30.7.2018 Meenu