VIKAS RATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) The Order dtd. 16/5/2017 passed by the Allahabad High Court is under challenge before this Court. By the aforesaid order, Criminal Revision Petition was filed by the respondent No.2 challenging the order dtd. 15/3/2017 whereby the application filed under Sec. 319 Cr.P.C. for summoning the present appellant, was dismissed.

(2.) The High Court, vide impugned order had quashed the Order dtd. 15/3/2017 and remanded the matter back to the Trial Court for fresh examination.

(3.) Learned counsel for the appellant submitted that the appellant established his business of manufacture of tools in the year 2003. A complaint was filed by respondent no.2 regarding murder of his brother Bachchu Prasad. It was mentioned therein that he used to work in the appellant's firm. On the basis of the aforesaid complaint, FIR No. 480/2013 was registered against unknown persons. Nearly two months after the complaint, wife of the deceased gave a complaint to the Superintendent of Police, Ghaziabad making false allegations against the appellant. The appellant was given notices by the Investigating Officer. Entire information sought was furnished by him. During investigation, the police found an eye witness namely Rajesh Kumar to the alleged murder whose statement was recorded under Sec. 164 of the Code of Criminal Procedure. The aforesaid fact was concealed by the complainant while making complaint against the appellant. After completion of investigation, the police filed chargesheet against two accused persons namely Pannelal @ Panna Lal and Ombeer Singh. The appellant was listed as a prosecution witness. During trial, statements of various witnesses were recorded.