SANJEEV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal revision has been preferred against the judgment and order dated 26.11.2008 passed by Addl. Sessions Judge/FTC Court No.2, Mathura in S.T. No.545 of 2006 (State Vs. Ramesh Chandra) whereby several additional accused including the accused revisionist nos.1, 2 and 3 namely, Sanjeev Kumar Alias Sanjeev, Munish Kumar alias Munish and Bhuvnesh Kumari have been summoned to face trial u/s 379 I.P.C.

(2.) List has been revised. Despite repeated calls none has appeared on behalf of revisionists. Sri S.K.Pandey, learned counsel for opposite party no.2 is present along with learned A.G.A. In the wake of heavy pendency of the cases in this Court where dockets are already bursting on their seams there is no reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned A.G.A.

(3.) It appears that the F.I.R. was lodged on 15.12.2005 by opposite party no.2- Vikram Singh with regard to the incident dated 22.4.2005 wherein several accused were nominated by name. But it seems that after investigation into the case, charge-sheet was not submitted against the accused-revisionists even though they had been nominated in the F.I.R. by the complainant. It further transpires that only one accused Ramesh was charge-sheeted. Thereafter when the trial began the statements of witnesses were recorded. As the witnesses had deposed and reiterated about the complicity of the accused-revisionists in the offence along with other co-accused who had been nominated in the F.I.R., an application u/s 319 Cr.P.C. was moved by A.D.G.C. The court was satisfied on the basis of the evidence that prima facie offences were made out and therefore, proceeded to summon certain additional accused, which included the revisionists, to face trial along with the accused who was already facing the trial. Aggrieved by the order of summoning the present revision has been filed.