SURENDRA KUMAR AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the revisionist and the learned AGA and Sri Sanjay Tripathi for opposite party No. 2.

(2.) THE present revision has been filed against the order dated 6-1-2003 passed by Additional Sessions Judge, Gorakhpur Trial No. 324 of 2000, allowing the application 68(Kh) State v. Hari Krishna and others, summoning the revisionists under Section 319, Cr. P.C. The names of the applicants appeared in the FIR but they were not charge-sheeted. However, the informant Vijay Narain PW 1 stated that revisionist Surendra Kumar Agrawal alongwith Nagendra Singh, Mahendra Agrawal, Rai Awadh Singh, Guljari and other accused fired upon the informant in the school campus with an intention to kill them but somehow they managed to escape. In view of the above evidence the revisionist were summoned.

(3.) VIJAY Narain Dubey the first informant has named the revisionists as accused in the FIR. He has confirmed his stand while entering into the witness box. If the police had not charge-sheeted them the informants statement is sufficient to summon the revisionists under Section 319, Cr. P.C.