RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) THE present revision has been filed against the order dated 17 -7 -2004 passed by Additional Sessions Judge, Fast Track Court, Basti, rejecting the application of the revisionist under Section 319 Cr. P.C. for summoning Krishna Gopal.

(2.) THE brief facts necessary for disposal of this revision are that revisionist Raj Bahadur lodged the report against Ram Naresh Krishna Chandra, Krishna Gopal and Allu under Section 323/504/506/308 IPC which was registered at Crime No. 362/02. The case was investigated and charge sheet was submitted against all accused except Krishna Gopal. The case was committed to the Court of sessions and the 'trial' started wherein the complainant was examined. The complainant also named Krishna Gopal besides the other accused. On this statement the revisionist moved an application before the concerned Court for summoning Krishna Gopal as accused. The other co -accused facing trial filed objection. The Court after hearing the prosecution and the co -accused rejected the said application by order dated 17 -7 -2004. Being aggrieved by the said order the present revision has been filed.

(3.) THE application of prosecution has been wrongly rejected with the wrong application of the fact and law. The Revision is allowed. The order dated 17 -7 -2004 is set aside. The interim order dated 18 -8 -2004 stands vacated. The matter is remanded back for reconsidering the application 25 Kha on the basis of the evidence on record and applying the law correctly.