GYANENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present revision has been filed against the order dated 26.7.2004 passed by Additional Sessions Judge Court No.3 Fatehpur in Sessions Trial No.802/2001. State v Rakesh Singh and others.

(2.) The brief facts, giving rise to the present revision, are that revisionist Gyanendra Singh lodged the report (Annexure 2) against Rakesh Singh, Kalika Singh Raj Karan Singh and Ram Singh who reached the place of occurrence with the fire arm and injured Shyam Singh and Ram Singh. The case was investigated and Investigating Officer submitted chargesheet only against two accused leaving Kalika Singh and Raj Karan Singh. The case was committed to the court of Session and during the course of trial two witnesses namely Gyanendra Singh Complainant was examined as PW1 and Shyam Singh was examined as PW2 After their examination the prosecution moved an application for summoning Kalika Singh and Raj Karan Singh as accused to stand trial together with the accused already facing trial requesting the court to invoke the provisions of Section 319 Cr.P.C. The trial court dismissed the said application by the impugned order.

(3.) Being aggrieved this revision has been filed by the appellant.