(1.) Heard Mr. Saghir Ahmad, learned Senior Advocate assisted by Mr. Mohd Raghib Ali, learned counsel for the revisionist, Mr. Satya Priya Mishra, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned AGA-I assisted by Mr. Mayank Awasthi, learned counsel for the State and perused the record.
(2.) This criminal revision under Sec. 397/401 Cr.P.C. has been preferred by the revisionist against the impugned order dtd. 30/9/2023 passed by the learned Additional Sessions Judge/Special Judge, P.C. Act (U.P.S.I.B.), Gorakhpur in criminal revision no.130 of 2022[(Nanhelal Yadav vs. State of U.P. and 2 Ors.)], arising out of . Case Crime No. 60 of 2016, F.R. No.20010/2017, under Ss. 307, 427, 34 IPC, Police Station-Uruwa Bazar, District-Gorakhpur.
(3.) The facts in brief which are essential to be stated for adjudication of this revision are that:-