SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision under Section 397/401 Cr.P.C. is directed against the order dated 14.1.2010 passed by Addl. Sessions Judge, Court No. 12, Muzaffar Nagar in S.T. No. 1255 of 2009, State v. Rajendra and others, under Section 323, 324, 506 IPC, P.S. Mansoorpur, District- Muzaffar Nagar, later registered at Criminal Case No. 1155/9 of 2010 in the Court of C.J.M. Muzaffar Nagar, whereby trial was transferred to the Court of C.J.M. Muzaffar Nagar in accordance with Section 228 (1) (a) Cr.P.C.

(2.) THE facts are that on 13.11.2004 at 12.05 p.m., an FIR was lodged by opposite party No. 2-Rajendra Kumar against Seetu @ Praveen, Buddhu @Ashok, Pramod and Ramesh, under Section 302 IPC, P.S. Mansoorpur, District Muzaffar- Nagar, which was registered at crime No. 222 of 2004. It was alleged in the FIR that on 12.11.2004 at 9.45 p.m., Himanshu (deceased) was firing crackers in front of house of Rajendra Kumar. Accused Seetu @ Praveen took Himanshu to his house. After sometime Rajendra heard shrieks of Himanshu. Rajendra accompanied by Raj Kumar and Vivek reached the house of Pramod and saw that Buddhu had caught hold of Himanshu and Seetu stabbed him with a gupti. Himanshu was immediately taken to the hospital where he was declared dead.

(3.) IN S.T. No. 1255 of 2009, an application was moved on behalf of Rajendra Kumar and others (accused) that this case was not a cross case of S.T. No. 484 of 2006 under Section 302 IPC and therefore the case be transferred to C.J.M. Muzaffar Nagar in accordance with provision of Section 228 (1) (a) Cr.P.C. The application was opposed by complainant. After hearing learned counsel for both the parties, learned Addl. Sessions Judge came to the conclusion that this case was not the cross case of S.T. No. 484 of 2006. The place of incident, date of incident as well as the time of incident in both the cases were different. Therefore S.T. No. 1255 of 2009 was sent back to the Magistrate for trial as it was not the case exclusively triable by the Court of session. Feeling aggrieved, the complainant has filed this revision.