DINESH CHANDRA TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been preferred against the order dated 28-9-1999 passed by IInd Additional Sessions Judge, Kanpur Dehat in Special Session Trial No. 7 of 1999 summoning the applicant under Sec. 319 Cr. P.C. and issuing non-bailable warrant and process under Secs. 82/83 Cr.P.C. against him.

(2.) The opposite party No. 2 lodged an F.I.R. against the applicant and some other persons under Secs. 147, 148, 149, 302 I.P.C. and Sec. 3 (2) (iv) SC and ST (Prevention of Atrocities) Act. On the basis of above report a case at crime No. 50 of 1998 was registered. After investigation, the police submitted charge sheet against six persons. No charge sheet was submitted against applicant. After examination of P.W. 1 respondent No. 2 moved an application for summoning the applicant and one Lala Ram in the said case for trial along with the other accused on the ground that she had lodged report against them and the witnesses also disclosed their involvement in their statement under Sec. (sic) Cr.P.C., but the police did not submit charge sheet against them.

(3.) Learned Special Judge on hearing learned counsel for the prosecution held that there was sufficient evidence on record to summon the above applicant and Lala Ram under Sec. 319 Cr.P.C. With these finding he allowed the application and summoned the applicant and Lala Ram for along with other accused. The above order has been challenged in this revision.