Court No. - 5 Case :- CRIMINAL REVISION No. - 263 of 2010 Petitioner :- Sarvjeet Respondent :- State Of U.P. & Another Petitioner Counsel :- Ratnesh Agnihotri,Mahendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
By means of this revision , the applicant has prayed for summoning the
record of the trial court and set aside the impugned order dated 24.5.2010,
passed by Additional Sessions Judge/ Fast track Court, Lakhimpur Kheri in
S.T.No. 783 of 2008 whereby the revisionist was summoned under Sections
323,504,506 IPC and 3 (i) (X) SC and ST Act.
Learned counsel for the petitioner submits that learned trial court has
summoned the petitioner under the provisions of Section 319 Cr.P.C. without
adducing any evidence in this behalf by the prosecution and as such the order
cannot be said to be legal order.
The matter requires probe.
Admit
Issue notice to opposite party no. 2, requiring him to file counter affidavit
within fifteen days from the date of service of the notice upon him.
Learned AGA as well as complainant may file counter affidavit in the
meantime.
Till the next date of listing proceedings of ST No. 783 of 2008 ( State Vs.
Keshav Ram and others) pending in the court of Addl. Sessions Judge/ FTC
Lakhimpur Kheri shall remain stayed.
Order Date :- 19.7.2010
Tripathi