PRIYANKA MALL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State.

(2.) By means of instant criminal revision, revisionist has assailed the impugned order dtd. 10/8/2021 passed by learned Additional District and Sessions Judge, Fast Track Court No. 1, Deoria by which the learned Judge has dismissed the application 131 Kha under sec. 319 Cr.P.C. in Session Trial No. 134 of 2018 (State vs. Ramkeshwar and others), under Sec. 364 IPC for summoning the respondent no. 4, Satendra @ Santosh Mall as conspirator to face trial with the accused, respondent nos. 2 and 3, who are already facing trail.

(3.) Factual matrix of the case in brief is that the informant/ revisionist lodged F.I.R. at P.S. Kotwali on 2/10/2012 at 6:25 hours stating therein that she is resident of village Parwa Tarwa (Parsia Mall), P.S. Kotwali, Deoria. Her uncle Santosh Mall @ Satendra Mall has got executed a fraudulent sale deed of property of her father in the name of his wife. She had gone to the court of SDM, Deoria in connection with that sale deed and after getting her statement recorded, she came to Kotwali. Her father went to Tehsil from there and she left for her village. When she reached near overbridge, her co-villagers Ramkeshwar Chauhan and Sambha Bhartiya offered her lift on their motorcycle and assured her that they will leave her at her village. As they were also going on same route, she sat at pillion of the motorcycle on their request. However, she noticed on the way that instead of taking her towards village, they were going to Kasaya road and when she asked as to why they had changed the route, they stated that they were taking her away from the village as her uncle has given money to them for her murder. They stopped the motorcycle near Ranchhor Kuti and consumed liquor. She anyhow get herself rescued from the clutches and run towards her village by shouting for help whereupon Gram Pradhan and other persons assembled there and caught one accused and other succeeded to escape from the place. FIR was lodged against Ramkeshwar and Sambha Bhartiya.