UPENDRA @ MOHIT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Shukla, learned counsel for the revisionist and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing alongwith Ms. Sushma Soni, learned Additional Government Advocate, for the State-opposite party.

(2.) The present criminal revision has been filed against the order dated 18.03.2021 passed by the Additional District and Sessions Judge, Court no.4, Hathras in S.T. No.396 of 2015 (State vs. Girendrapal and Others), arising out of Case Crime No.700 of 2014, under Sections 308, 323, 504, 506 IPC, Police Station- Sasni, District Hathras, whereby the revisionist has been summoned by the court below in exercise of powers under Section 319 of the Code of Criminal Procedure, 1973 [The Code].

(3.) Learned counsel for the revisionist has sought to assail the order passed by the court below by referring to the factual aspects of the case to contend that the revisionist has been falsely implicated in the criminal case. He has submitted that the jurisdiction under Section 319 of the Code is to be exercised in an extra-ordinary situation where there is a strong possibility of the conviction of the accused, who is proposed to be summoned, and the powers are not to be exercised in a routine manner. It is further pointed out that the Investigating Officer did not find any material against the revisionist and no charge-sheet having been submitted against him, there was no further material on the basis of which the trial court could have summoned the revisionist.