URMILA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision has been filed for challenging the impugned judgement and order dtd. 5/12/2022 passed by the Sessions Judge, Gautam Buddh Nagar in S.T. No.631 of 2018 (State vs. Khudiram) arising out of Case Crime No. 301 of 2017, under Ss. 306 and 506 I.P.C., Police Station-Sector-20, Noida, District-Gautam Buddh Nagar.

(2.) By the impugned order, the trial Court had rejected the application No.31 Ka filed by the revisionist under Sec. 319 Cr.P.C. for summoning Mohit Mandal, Krishna Mandal, Arjun Mandal and Sheela Devi in S.T. No.631 of 2018 arising out of Case Crime No.301 of 2018, under Ss. 306 and 506 I.P.C., Police Station Sector-20, District Noida.

(3.) It has been submitted by learned counsel for the revisionist that learned Sessions Judge vide order dtd. 5/12/2022 has illegally rejected the application filed by the revisionist under Sec. 319 Cr.P.C. without considering the evidence on record. It has also been submitted that on the basis of deposition of P.W.1-Sachin Kumar, P.W.2-Dr. Sanjeev Kumar, P.W.-3 Smt. Urmila Devi and P.W-4.-Kaleshwar there was sufficient evidence to summon the opposite party Nos.2 to 4, namely, Mohit Mandal, Krishna Mandal and Sheela Devi under Sec. 319 Cr.P.C. for trial with charge- sheeted accused, namely, Khudiram. It has also been submitted that impugned order is based on surmises and conjectures and is against the perverse and against the evidence on record and same may be set-aside.