LALIA Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision has been filed by the revisionist Lalia @ Chandra Prakash against the judgment and order dtd. 22/12/1993 passed by Sessions Judge, Etawah summoning the revisionist under Sec. 319 CrPC for facing the trial in ST No.435 of 1990 under Sec. 307 IPC and further issuing non bailable warrant against the revisionist for his appearance before the court below.

(2.) Heard Sri Purushottam Dixit, learned counsel for the revisionist, learned A.G.A. for the State and perused the record. Brief facts of the case are that on 14/5/1990 an FIR was lodged by the informant Ved Prakash that accused Surendra and others had injured his brother Chandra Prakash by opening fire upon him.

(3.) Learned counsel for the revisionist submits that after investigation the police has submitted the police report against two accused persons namely Surendra son of Baburam and Babu Ram son of Charan Lal only. However, as against the revisionist no police report was filed and the investigation against him was pending. He further submits that thereafter the learned Sessions Judge without perusing the papers on record and without considering the fact of pendency of investigation against the applicant issued the process in exercise of power under Sec. 319 CrPC and summoned the revisionist.