Court No. - 41 Case :- CRIMINAL REVISION No. - 719 of 1998 Petitioner :- Abdul Mukeed & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- P.C.Sharma Respondent Counsel :- Govt. Advocate,A.K. Singh Hon'ble Ram Autar Singh,J.
This revision has been taken up in revised list but none for the
revisionists appeared.
Heard the learned A.G.A. for the respondent no.1 on this revision
and perused the record.
This revision has been filed against the judgment and order
dated 23.4.1998 passed by IV Additional Sessions Judge, Etah in
S.T. No.1070 of 1997 (State Vs. Abdul Majid), whereunder the
application 15B moved under section 319 Cr.P.C. on behalf of
the prosecution was allowed and Abdul Hasib and Abdul Muqid
were summoned to face trial in the said case.
A perusal of the record goes to show that both the revisionists
alongwith Abdul Mujib were named in the F.I.R., who was facing
trial in the said case, however, the investigating officer did not
submit the chargesheet against the revisionists. The prosecution
examined Saddan Miyan as P.W.1, who was an eye witness to
the occurrence and his statement supported the F.I.R. version
and stated that Abdul Hasib and Abdul Muqid also inflicted
injuries to the victim Bashir Alam alongwith Abdul Mujib.
Consequently the revisionists should be tried alongwith co-
accused and thus the trial court summoned these revisionists in
exercise of powers under section 319 Cr.P.C.
The order under revision is well discussed and reasoned and the
same does not require any interference.
Consequently, this revision lacks merit and is dismissed. No
order as to costs.
Order Date :- 7.7.2010
RU