SAGAR Vs. STATE OF U.P

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been filed by the appellant assailing the correctness of the order dtd. 28/7/2021 passed by the High Court of Judicature at Allahabad setting aside order dtd. 30/1/2018 passed by the Additional Sessions Judge, Muzaffarnagar, whereby the trial Court had rejected the application filed by the complainant under Sec. 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for summoning the appellant as accused and to face trial in Case Crime No.164 of 2014 under Sec. 302 IPC registered at PS Fugana, District Muzaffarnagar, Uttar Pradesh.

(3.) The brief facts of the case culled out from the record are that on a written complaint made by one Ravinder s/o Sadhuram that on 10/9/2014, both his sons Sachin and Nitin were called by Jagpal s/o Shital Singh and his nephew Sagar s/o Charan Singh (appellant) from his house for tying the sugarcane crop and his son Nitin was seen in the company of Jagpal and Sagar (appellant) by the complainant while he was returning back and later at about 9.00 a.m. when the complainant went to the field of Jagpal and called Nitin, Jagpal asked Sagar to disconnect the electric wire and at some distance he saw Nitin lying near the Mend in a naked position, and was burnt by electric wire around the neck. On calling Jagpal and Sagar, they ran away from the spot. On the said written complaint Case Crime No.164 of 2014 came to be registered under Sec. 302 IPC.