AKBAL BAHADUR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed by Akbal Bahadur Tiwari and another challenging the order dated 14.2.2013 passed by the Additional District and Sessions Judge, Room No.9, Gonda in Sessions Trial Nos.56 of 1999 and 42 of 2009 (State v. Vijay Pal and others) arising out of Case Crime No.341 of 1998, under Section 302 IPC, Police Station Tarabganj, District Gonda by which the learned court below has allowed the application under Section 319 Cr.P.C. and summoned the revisionists to face trial.

(2.) Heard Shri Kunwar Mridul Rakesh, learned Senior Counsel assisted by Shri Indrajeet Shukla, learned counsel for the revisionists and the learned AGA.

(3.) It was argued by the learned counsel for the revisionists that while passing the order the court below has not considered the direction of this Hon'ble Court passed in Writ Petition No.2403 of 2010 decided on 21.1.2013. It was also argued that all the witnesses in the sessions trial, except the informant, have been declared hostile. They have not supported the prosecution version. It was also submitted that the informant, who was earlier examined as PW-1 has died, then whose evidence is going to be recorded against the revisionists. It was also submitted that the power granted to the court under Section 319 Cr.P.C. has been misused, and the order is misuse of process of law.