MAHESH CHANDRA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision is directed against the order dated 26.4.2012 passed by Addl. Sessions Judge, Court No. 6, Aligarh in S.T. No. 131 of 2011, State Vs. Gagan Sharma & others, under Section 304B IPC and D.P. Act, P.S. Aligarh, whereby the application 32-Kha filed by the complainant-revisionist Mahesh Chandra Sharma for summoning respondent nos. 2 and 3, namely, Munna Lal @ Murari Lal Sharma and Ram Kumar Upadhyay for facing trial under Section 319 Cr.P.C. was rejected.

(2.) Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri Vijay Shankar Mishra, learned counsel for opposite party no. 2 as well as Sri Rajiv Tiwari, learned counsel for opposite party no. 3.

(3.) The revisionist is the complainant in aforesaid session trial. After statement of the revisionist as P.W.-1 was recorded, an application under Section 319 Cr.P.C. was moved on behalf of the revisionist before the trial court stating that FIR was lodged against Gagan Sharma, Pankaj Sharma, Smt. Bhanumati Sharma, Km. Nitin Sharma, Munna Lal @ Murari Lal Sharma and Ram Kumar Upadhyay but after investigation, Munna Lal @ Murari Lal Sharma and Ram Kumar Upadhyay were exonerated by the police and charge-sheet was filed against remaining person whereas there was sufficient evidence against them disclosing their involvement in the crime and, therefore, they be summoned to face trial under Section 319 Cr.P.C. Learned Addl. Sessions Judge, after hearing parties, vide a detailed order dated 26.4.2012 rejected the application. Hence this revision.