VIJAY MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anoop Kumar Upadhyay, Advocate holding brief of Sri Ram Prakash Singh, learned counsel for the revisionist and Sri Tilak Raj Singh, learned A.G.A. for the State respondents and perused the record.

(2.) The instant revision under Ss. 397/401 of the Criminal Procedure Code has been filed by the accused-revisionist seeking to challenge the validity of the order dtd. 27/5/2022 passed by the learned Sessions Judge, Gonda in Sessions Trial No. 338 of 2022 (State vs. Vijay Mishra and Others), arising out of Case Crime No. 90 of 2019, under Ss. 323, 325, 308 I.P.C., Police Station- Umari Begumganj, District- Gonda whereby the application under Sec. 228 (1) (a) of the Cr.P.C. filed on behalf of the accused-revisionist for transferring the case to the Court of Magistrate, has been rejected.

(3.) The aforesaid case has been instituted on the basis of an F.I.R. alleging that the four named accused persons, including the revisionist, had assaulted the informant's brother with sticks, because of which he fell unconscious. The injured was taken to the police station while he was still unconscious. On these allegations, the F.I.R. was registered in respect of offences under Ss. 323, 325 and 308 I.P.C.