Court No. - 50 Case :- CRIMINAL REVISION No. - 2484 of 2010 Petitioner :- Kamil & Another Respondent :- State Of U.P. Petitioner Counsel :- P.K. Kashyap Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This revision has been preferred by the revisionists Kamil and Nawab to set
aside the summoning order dated 11.5.2010 passed by Upper Sessions Judge,
Court No. 13, Bareilly under section 319 Cr.P.C. by which it has summoned
the revisionists in S.T. No. 778/09 State Vs, Kamil and others to face trial
under section 307/34 I.P.C. P.S. Sahi District Bareilly.
It is contended by learned counsel for the revisionists that there is no evidence
on record to justify the summoning order passed by learned trial court. P.W. 1
and P.W. 2 have not assigned any role to the revisionists in their statement.
There is only evidence of P.W. 3 who has stated about the role of revisionists
in his statement.
Learned A.G.A. has opposed the submissions made by learned counsel for the
revisionists and submitted that the perusal of impugned order reveals that
there is sufficient evidence on record implecating the revisionists in the
commission of this crime as the injured himself has assigned specific role of
catching hold to the revisionists at the time of alleged incident. Apparently
there is evidence to the effect that if it goes unrebutted it is enough to hold the
revisionists guilty of the charge levelled against them.
In view of the above facts and circumstances this revision has got no force
and it is hereby dismissed.
However it is observed that if the revisionists appear before the courts below
within 20 days from today and apply for bail their bail application will be
considered and disposed of by the courts below expeditiously in accordance
with law.
Order Date :- 6.7.2010
GNY