RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision under Sections 397/401 of the Code of Criminal Procedure is directed against order dated 27.8.2011 passed by Additional Sessions Judge, Court No. 3, Saharanpur in criminal revision No. 275 of 2011 (Satya Pal Saini v. State of U.P. and others) arising out of order dated 13.5.2011 passed by II Addl. Civil Judge (S.D.)/A.C.J.M., Saharanpur in criminal case No. 688 of 2011 (State v. Rampal and others) under Sections 307,504,506 IPC, P.S. Titro, District Saharanpur.

(2.) IN the aforesaid criminal case, final report was submitted by the police. The complainant filed a protest petition. Learned Magistrate, on the basis of material available in the case diary, took cognizance under Section 190 (1) (b) Cr.P.C. and summoned the instant revisionists to face trial under Sections 324, 504, 506 IPC. The complainant was not satisfied with the summoning order and he preferred a criminal revision No. 275 of 2011 on the ground that the accused persons fired at the victim with intention to kill and the Magistrate ought to have summoned the accused persons under Section 307 IPC also.

(3.) ULTIMATELY, the case is covered by Section 324 IPC and Section 307 IPC is to be decided by the trial Court after the evidence of the parties during trial. At the stage of summoning, only a prima facie case is to be seen.