MAHAJEET Vs. STATE

JUDGEMENT

(1.) Heard Sri Dharmendra Singhal, learned counsel for the revisionist and Sri K.N. Bajpai, learned AGA in opposition.

(2.) Revisionist Mahajeet is aggrieved by the impugned order dated 29.11.2010 passed by A.C.J.M., Court No. 3, Mathura in F.R. Case No. 255/XI of 2009 (Udal Khan v. Mahajeet), by which order he has been summoned by the Magistrate to stand trial under Sections 307/504 I.P.C., P.S. Baldevo, District Mathura. Challenge in this revision is also to the earlier order dated 2. 2004 passed by Sessions Judge, Mathura in criminal revision no. 192 of 2004 (Udal Khan v. State of U.P.), by which Sessions Judge, Mathura has allowed the revision filed by the informant and had remanded the case back to A.C.J.M., Court No. 3, Mathura for passing a fresh order after setting aside the order dated 1 1.2004 passed by A.C.J.M., Court No. 2, Mathura in relation to crime no. 465 of 2002. By the order dated 1 1.2004, final report submitted by the police in the aforesaid crime had been accepted by A.C.J.M., Court No. 2, Mathura.

(3.) Facts as are perceivable from the pleadings made in the instant revision indicate that victim Aas Mohamad S/o informant Udal Khan had gone to attend call of nature where revisionist Mahajeet vetuparized him filthily and hurling castist words, shot him in abdomen, as a result of which Aas Mohamad sustained gun shot injury. This incident had occurred on 2 7.2002 at 7.30 p.m. and was witnessed by Member S/o of Bani Singh, Krishna Kumar S/o Sunder Lal, Omveer and Chandan. FIR in respect of the said crime was lodged the same day at 8.30 p.m. at police station Baldevo, District Mathura as crime no. 465/2002, under Sections 307/504 I.P.C.