LAWS(ALL)-2014-9-439

MONU @ PAVNEESH Vs. STATE OF U P

Decided On September 01, 2014
Monu @ Pavneesh Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THE revision has been filed against the order dated 28.6.2014 passed by Additional Sessions Judge, Court No.4, in S.T. No.635 of 2009, under sections 302 and 201/34 IPC allowing application of prosecution under section 319 Cr.P.C. and summoning Monu for trial under sections 302 and 201 read with section 34 IPC.

(2.) THE brief facts of the case are that an F.I.R. was lodged by Pradeep Kumar Gupta against the revisionist and others for the murder of his son Kishan at case crime no.83 of 2009 in which upon investigation, charge sheet was submitted against the named accused persons excluding the revisionist Monu and his sister Moni. The case was committed to sessions and after recording statement of P.W.1, an application was moved by prosecution for summoning the named accused Monu and Kumari Moni for their trial together with the other accused, under the provisions of Section 319 Cr.P.C. on which was rejected vide order dated 5.3.2011. The above order was challenged by moving an application under section 482 Cr.P.C. No.10907 of 2011 and this Court vide order dated 16.4.2011 refusing to quash the order dated 5.3.2011 directed that in case the applicant moves a fresh application under section 319 Cr.P.C. before the court concerned after recording of statement of some other witnesses the same shall be heard and disposed of in accordance with law without being prejudiced by order dated 5.3.2011. The prosecution thereafter examined the few more witnesses and after examination and cross examination of P.W.5 moved a fresh application under section 319 Cr.P.C. for summoning the two accused Monu and Kumari Moni, against which objections were filed by accused persons and after hearing the parties, the learned Additional Sessions Judge passed the impugned order summoning Monu and refusing to summon Kumari Moni. Feeling aggrieved Monu has preferred this revision.

(3.) HEARD learned counsel for the revisionist and learned AGA.