SIYARAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionists and learned AGA for the State on the point of admission and perused the record.

(2.) This criminal revision has been filed against the order dated 05.05.2014 passed by learned Additional Session Judge, (Special Judge, E.C. Act), Rampur in S.T. No. 509 of 2012, under sections 307 read with 149 IPC, arising out of case Crime No. 1583 of 2009, P.S. Shahabad, District Rampur, State vs. Virendra Fauji and others, whereby the learned Additional Sessions Judge has allowed the application filed by Additional District Government Counsel (Criminal) under section 319 Cr.P.C. and has summoned the revisionists to face the trial.

(3.) Learned counsel for the revisionists has argued that the Additional District Government Counsel (Criminal) has no locus standi to move any such application under section 319 Cr.P.C. against any person, who has not been charge-sheeted by the police or by the investigating agency. The locus standi to move such an application is with the person aggrieved and not with the ADGC(Crl.) who can not be termed as aggrieved party.