AKASH YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 19/9/2018, passed in the Sessions Trial No. 223 of 2017, State vs. Brijesh Singh Yadav and others, by the court of 3rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar. By the impugned order, an application filed under Sec. 319 of the Code of Criminal Procedure, 1973 (for short, "the Code") by the prosecution has been allowed and the revisionists have been summoned.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the revisionists would submit that the order summoning the revisionists is bad in the eyes of law; the informant is not an eye-witness; PW 2 Ashwani Kumar, who has been examined at the trial has though named all the revisionists but, the injured has yet not been examined.