KALYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Kalyan Singh, Dharmendra and Ramendra Singh have preferred this revision against the judgement and order dated 28.8.2002 passed by 1st Additional Sessions Judge, Bijnor in ST No. 596/2001 under Section 307. I.P.C., PS Heempur District Bijnor whereby the learned Sessions Judge, Bijnor has summoned the revisionists under Section 319, Cr.P.C. for the offence in question.

(2.) I have heard learned counsel for the revisionists and learned AGA for the State of U.P. while no one appeared on behalf of respondent No. 2.

(3.) Learned counsel for the revisionists contended that the impugned order is wholly illegal and without jurisdiction because there was no any evidence in the case diary whereby the revisionists could be sent for trial as an accused and since they have not committed any offence, the learned Sessions Judge illegally summoned the accused/revisionists. Sanjeev Kumar who is alleged to have received gun shot injuries has stated in his statement under Section 161, Cr.P.C. that Rampal Singh had fired upon him and due to that fire, he had received injuries and therefore, the police has charge-sheeted him for the offence and submitted final report against the accused/revisionists. Without examining Sanjeev Kumar, the learned Sessions Judge committed error thereby summoning the revisionists even without affording any opportunity of hearing to them. The complainant Preetam Singh was examined as PW1 and he has also not been cross examined and therefore, his evidence is also not reliable. Without examining the injured person, summoning of the revisionists as accused is wholly illegal.