ABBAS ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri K.N. Mishra, learned counsel for the revisionist, Sri Nishant Srivastava, learned counsel for opposite party no.2 and learned AGA for the State.

(2.) This criminal revision has been filed by Abbas Ali, Samseer, Safiqurrehman and Azizurrehman challenging the order dated 2.8.2013 by which the Additional District and Sessions Judge Court No.9, Gonda has allowed. The application by Haider Ali under Section 319 Cr.P.C. for summoning Samseer, Safiqurrehman and Azizurrehman and Abbas Ali to face trial under sections 147,148,149, 504, 506, 307, 325, 326 IPC and 7 Criminal Law Amendment Act and 4/5 Explosive Substance Act.

(3.) The facts giving rise to the case is that a first information report was lodged by Haider Ali against Sazzak Ali, Samseer, Safiqurrehman, Azizurrehman, Abbas Ali and Mazibur Rahman after investigation, charge-sheet against two person only Sazzak Ali and Mazibur Rahman was submitted and neither charge-sheet nor final report was submitted against four accused persons Abbas Ali, Samseer, Safiqurrehman and Azizurrehman. After committal of the case charge against Sazzak Ali, Samseer, Safiqurrehman, Azizurrehman, Mazibur Rahman and Abbas Ali was framed. Prosecution examined P.W.1 Haider Ali, P.W.2 Mahrunisha and after that prosecution moved an application under Section 319 Cr.P.C. for summoning the revisionists.