RAMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 4.2.2017 passed by Special Judge, S.C./S.T. (P.A.) Act, Hamirpur in Special Case No.24 of 2013 by which application filed by revisionist under Section 319 of Cr.P.C. was rejected.

(2.) The brief facts of the case are that the revisionist had lodged an F.I.R. on 7.10.2012 against 10 accused namely (1) Dev Singh, (2) Satish, (3) Brajesh, (4) Arun, (5) Santosh, (6) Omkar, (7) Rajesh, (8) Sunil, (9) Santosh and (10) Awadhesh, which was registered as Case Crime No.462 of 2012, under Sections 147, 148, 149, 342, 302, 504, 506 I.P.C. and Sections 3(1)(x) and 3(2)(v) S.C./S.T. Act in P.S. Kurara, District Hamirpur. It was alleged in the F.I.R. that the accused persons had committed murder of informant's brother Jaitpal. The Police after investigation had submitted charge-sheet against (1) Dev Singh, (2) Satish, (3) Santosh, (4) Sunil, (5) Awadhesh and (6) Santosh but no charge-sheet was submitted against other four accused namely (1) Brajesh, (2) Arun, (3) Rajesh and (4) Omkar. The trial was proceeded and the prosecution had examined two witnesses of fact namely Ramesh (informant) as P.W.-1 and Jagannath as P.W.-2. After the evidence of P.W.-1 and P.W.-2 the informant/revisionist had moved an application on 16.5.2016 (although provision was not mentioned) under Section 319 of Cr.P.C. to summon and try the opposite party nos.2, 3, 4 and 5 (whose name were not in charge-sheet) along with other co-accused. The learned trial court after considering the evidence of P.W.-1 and P.W.-2 and other materials brought on record, had rejected the application which is Paper No.43-Ka under Section 319 Cr.P.C. vide order dated 4.2.2017, which is impugned in the present criminal revision.

(3.) Heard Sri Anil Kumar, learned counsel for the revisionist, Sri Raj Kamal Srivastava, learned A.G.A. for the State and Sri Vijay Bahadur Shiv Hare, learned counsel for opposite party nos.2 to 5.