RAJPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Crl. Revision has been filed by Raj Pal Singh and others against the order dated 09.02.2010 passed by Additional District and Sessions Judge, Fast Track Court, Court No. 5, Meerut, in S.T. No. 206 of 2009 by which application under section 319 Cr. P. C. has been allowed and Suresh, Raj Kumar and Mool Chand were summoned for facing trial under section 308, 323, 325 I.P.C.

(2.) From perusal of the record, it is evident that a First Information Report was lodged by Shushil against Suresh s/o Tikram, Sanjay s/o Suresh, Neeraj s/o Suresh Pal, Raj Kumar s/o Kamlesh, r/o Gansadhal, Rajpal s/o Kuldeep r/o Sadhan, P.S. Inchauli, District Meerut, on 06.09.2008. After investigation, charge-sheet was submitted only against Neeral and Sanjay S/o Suresh Pal. After filing charge-sheet, the case was committed to the court of sessions. Charges were framed against Neeraj and Sanjay under section 308, 325, 323 I.P.C. Suresh was examined by the prosecution as P.W.1. After examination-in-chief, an application was moved by the prosecution for summoning the accused persons Raj Pal Singh, Suresh, Raj Kumar and Mool Chand under section 319 Cr.P.C. Learned trial court after hearing the prosecutor summoned those accused persons to face trial under sections 308, 323, 325 Cr.P.C. Feeling aggrieved this criminal revision has been preferred.

(3.) I have heard Sri Vijay Prakash, learned counsel for the revisionist and learned AGA for the State.