Court No. - 49 Reserved Case :- CRIMINAL REVISION No. - 1885 of 2010 Petitioner :- Yogender & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ravindra Nath Rai,Ashok Kumar Rai Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard Sri Ravindra Nath Rai and learned A.G.A. for the State.
This application in the revision has been filed by the applicants Yogendra,
Shyam Sunder and Nagendra against the order dated 8.4.2010 passed by
Additional Sessions Judge, Fast Track Court No. 16, Bulandshahar.
It is contended by the learned counsel for the applicants that the impugned
order which has been passed by the court below in the exercise of its power
under Section 319 Cr.P.C. the applicants have been summoned as Additional
accused for facing trial for offences punishable under Sections 394 and 376
I.P.C. only on the basis of evidence which is not sufficient for their conviction
for the offence with which they have been charged. It has also been contended
that the application on which the impugned order has been passed was not
maintainable at the behest of witness and thus the impugned order is totally
without jurisdiction. It has further been contended that the court below has
committed a patent illegality in taking into consideration the evidence other
than that which was adduced during the trial while passing the impugned
order.
Considering the submissions made by the learned counsel for the applicants
and the facts stated, this Court is of the view that the matter requires
consideration after receiving response from the opposite parties.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
who may file counter affidavit within a period of four weeks.
Issue notice to opposite party no. 2 who may also file counter affidavit within
the same period.
Till the next date of listing, no coercive measure shall be taken against the
applicants in S.T. No. 1110 of 2009 (State Vs. Naresh and others) passed by
Additional Sessions Judge, Court No. 16 F.T.C., Bulandshahar.
Order Date :- 5.7.2010
Prabhat