Court No. - 50 Case :- CRIMINAL REVISION No. - 3166 of 2010 Petitioner :- Baniya & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- M.L. Jain Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Supplementary affidavit filed by learned counsel for the revisionist is
taken on record.
Heard learned counsel for the revisionists and learned AGA.
This revision is directed against the order dated 21.6.2010 passed by
Special Sessions Judge (D.A.A.), Agra in S.S.T. No. 136 of 2007,
under Sections 307, 394 IPC , P.S. Loha Mandi, District – Agra,
whereby the revisionists were summoned under Section 319 Cr.P.C. to
face trial.
Learned counsel for the revisionists submitted that learned trial court
had summoned the revisionists on the ground that there was sufficient
evidence against the revisionists. It is submitted that learned trial court
has not recorded his satisfaction that there exists a possibility that the
accused so summoned, in all likelihood, would be convicted.
In Mohd. Shafi Vs. Mohd. Rafiq and another, 2007 (58) ACC 254,
the Apex Court had held that before a Court exercising its discretionary
jurisdiction in terms of Section 319 Cr.P.C., it must arrive at the
satisfaction that there exists a possibility that the accused so
summoned, is in all likelihood, liable to be convicted.
Since learned trial court has not recorded his satisfaction as above, the
impugned order cannot be sustained and is liable to be set aside.
The criminal revision is allowed and the impugned order dated
21.6.2010 passed by the Special Sessions Judge (D.A.A.) is set aside.
The learned Trial Judge is directed to decide the application under
Section 319 Cr.P.C. afresh in accordance with the directions of the
Apex Court in case of Mohd. Shafi (supra).
Order Date :- 11.8.2010
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