Allahabad High Court High Court

Smt. Jukurunnisha vs State Of U.P. & Another on 28 July, 2010

Allahabad High Court
Smt. Jukurunnisha vs State Of U.P. & Another on 28 July, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 2852 of 2010

Petitioner :- Smt. Jukurunnisha
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Sudhanshu Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble Ashok Kumar Roopanwal,J.

It has been argued by Mr. Sudhanshu Pandey, learned counsel for the
revisionist, that prior to the death the deceased gave two statements regarding
the occurrence and in both the statements the name of the revisionist was not
mentioned, therefore, in view of these statements there could be no propriety
at all to summon the revisionist u/s 319 Cr.P.C. just on the oral testimony of
the witnesses.

Issue notice to the respondents, who may file counter affidavit within three
weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List immediately thereafter.

Till then the operation of the order dated 12.7.2010 passed by the Sessions
Judge, Maharajganj, in S. T. No. 147 of 2006, State Vs. Yaqob @ Jodhu and
others, shall remain stayed.

Order Date :- 28.7.2010
Pcl